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THE REMINISCENCES OF THE
RIGHT HON. LORD O'BRIEN

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f ■

THE REMINISCENCES
OF THE RIGHT HON.

LORD O'BRIEN

(OP KILPBNORA)

LORD CHIEF JUSTICE OF IRELAND

EDITED BY HIS DAUGHTER

HON. GEORGINA O'BRIEN

WITH PORTRAIT

NEW YORK

LONGMANS. GREEN AND GO.

LONDON: EDWARD ARNOLD

1916

^^ ^(^Usiio

Priniti in Bngtmd.

INTRODUCTION

It is a matter of sinceie regret to me that an apologia
f 01 inadequacy should preface this volume, which, as
an autobiographical work, is incomplete and bag-
mentary. I acted as my father's amanuensis, and
each evening used to bring him the manuscript,
saying, "' Shall we work a little to-night ?" To which
request, when we first undertook the book, he would
assent. Alas! as the days passed by, the answer,
*' Not to-night, I am too tired," became more and
more frequent, until at last there came an evening
when he said : '' You will have to complete the book
alone, unaided by me; I can work no more. I have
every confidence in you."

I had hoped that the writing of his reminiscences
would provide him with an interesting pastime, in-
stead of which it soon became evident that speaking
of his early days saddened him. For one who had
been so full of life and buoyancy, so vigorously alive,
it was a sore trial to spend the days in an arm-ohair,
enfeebled by age and ill-health, conscious that the
tide of life was slowly ebbing. Truly has Dante
said:

** NesBtin maggior dolore
Che ricordaisi del tempo felice
Nella miaeria."

vi INTRODUCTION

Very leluctantly, and with many misgivings as to
my qualifications for the woik, I took up my pen to
finish what was to me a sonowful task.

Many years before this book was begun I su^ested
to my father that he should begin an autobiography,
but without success. He was indolent about writing,
and invariably wrote the shortest of letters. I have
heard it said that on the Bench he rarely made notes;
he was able to pigeon-hole, as it were, the facts of a
case in his brain, and I have been told that he never
forgot any point whatsoever that had any bearing
on it. Absolutely devoid of intellectual arrogance,
he was ever willing to listen to the opinions of others,
provided they were clearly and intelligently stated.
Sometimes he would read the evidence in a case to a
member of his family, and then ask an opinion on it,
in order to ascertain the view which a non-legal mind
would take of the evidence, so that he might fuUy
understand the difficulties which would present them-
selves to a jury. One day he called me into his
study and gave me a brief to read. When I had
done so he asked : "' Now, what is your view of the
case V

I gave him my view, which he seemed rather to
deride, and asked me on what grounds I based my
opinion. Feeling very small, I stated my reasons as
best I could. He took a totaUy different view of the
case.

" Now, might not the evidence be read in such a
way V* he said, representing other views of the case.

INTRODUCTION vii

'* I have given you my opimon, such as it is/' I
lepfied.

He smiled, as he said: ^'WeQ, I have been en-
deavouring to uige my views on you to make you
see things in the same light as I do, but it is only
fair to say that there is a great deal to be said in

&vour of your opinion. Judge takes exactly

the same view as you do. I fear theie'll be a dis-
agieement/'

A distinguished Judge thus wrote of him: '* He
and I weie thrown much together all through our
professional careers, and nothing ever interrupted our
mutual r^ard and attachment. It was a joy to be
with him in a case, he was so undaunted, and so
thoroughly master of all the resouroes of advocacy.
As an antagonist thero was no one whom I feared
moro. With unerring instinct, he always directed
his powers against one's most vulnerable point of
defence. As a Judge, he displayed those great quali-
ties which won for him his groat position. Fearless,
wise, stronuous to m^ke justice and right provail, and
with extraoidinary power of getting at the honesty
of a case and penetrating false evidence, it is a comfort
and satis&ction to have been comrade at the Bar
with such a loyal friend, dauntless advocate, and

admirable Judge."

G. O'B.

October, 1916.

CONTENTS

GHAPTEB I

CABLT BBOOLLBCnOHS — ICT tATHBa— THS FAMDO —
BICEABD LAIAS BBOXI. — MDVCiTlOV — 8CHOOLDAT8 -

CHAPTEB II

TBIHXnr OOLUMB — CALLBD TO THE

tlBST FmrOHISTOWH — ^HT IIBST 0A8>

CHAPTEB III

lAUiT STBXTCIOLB8 — A BBBAOS OT PBOIOBX — ^ISAAC BCTT —

JUDOS UOOH — THB MUAHTCK OIBOOIT • - 20

C&APTBBIV

I OONTRST OLABB— TBI QtTBBH 9. PABBBUi

CHAPTEB y

THB LAHD UUGUB— HOON-UaBIBBS

CHAPTEB VI

A mmoBB TBiAif— eroBicT
cuEVBB ncPoernoK

AND 8TBBHUOOS DATS— A

GHAPTEB Yli

TRIAL OF FRANCIS HTNS0 — ^^ PSTHR
HUMOROUS JARVEY

»»

TSB PACKER —A

CHAPTER VIII

THE ICAAMiSTRASNA M ASSACRB-^TRIAL OF THB JOYCES

CONTENTS

CHAPTER IX

PAQB
THE INVmCIBLSS—THS FH<BNIZ PAAK MT7BDBB8 - - 61

CHAPTER X

JUDGE o'BBIEN. (by THE BDITOB) - - - 64

CHAPTER XI

BABL SPBNCBE — BIB BEDVEBS BULLEB - - - 67

CHAPTER XII

HB. A. J. BALFOUBr-THE HITCHBL8T0WN BIOTS — TBIAL OF
MB. WILLIAM O'bBIEN — ^A BOGUS MESSAGE — ^THB PAB-
NELL COMMISSION - - - - - 71

CHAPTER XIII

NBWSPAPEB ^BUSB — THE CHANNEL CBOSSING - - 78

CHAPTER XIV

MB. WILFB]6> BLXJNIV— BLUNT t;. INSPECTOB BTBNB - 81

CHAPTER XV

MB. DILLON ABBE8TED — SOCLUi LIFE IN DUBLIN — FATHEB

HEALT — CBICKET — MONSIGNOB PBB8I00 - - 87

CHAPTER XVI

THE GWBEDOBB TBIAL - - - - 92

CHAPTER XVII

HUNTING BBOOLLBCnONS - • - - - 97

CHAPTER XVIII

A judge's duties— a NABBOW ESCAPE — SOME WITNESSES 100

CONTENTS w

CHAPTER XIX

PAOB

I LO&D JUfiTIOB FTTZaiBBON . - . - • 104

CHAPTER XX

SUCCESS AS A ICATCHlfAKJBB .... 107

CHAPTER XXI

ON LITBBATUBB ....•• HQ

CHAPTER XXII

T7S8HBB V. USSHEB ...... 113

BY THE EDITOR
CHAPTER XXIII

BXFBBT WITNB6SB8 — SBBJEANT ABHSTBONO — ^LOBD BUS8BLL

— ^MB. OLADSTONB — ^LOBD o'hAOAN - - - 135

CHAPTER XXIV

AH BLDXBLY LOTHABIO ..... 140

CHAPTER XXV

AN AWKWABD PBBDICAMENT — ^FBIEKDS — JUDGE WEBB - 143

CHAPTER XXVI

THB THEATBB — SFUROBON — CHBI8TIAN SdXKGI — ^DINKBB

WITH QUEEN VICIOBIA .... 147

CHAPTER XXVII

THB INTBBNATIONAL BOAT BACB - - - - 153

CHAPTER XXVIII

NXWLANDS HOUSB— THB INVISIBLE COACH - - 157

tU^t

arii CONTENTS

CHAPTER XXIX

PAOB

CABLSBAB — ^VBBSAILLBS - - - - - 161

CHAPTER XXX

▲BBOTSFORD— DBYBUBGH ABBET-HSEBAN BAT— BKBBBET

BISHABCK— LOBB WOLSELBT - - - - 164

CHAPTER XXXI

BESIONATION — ^LAST BAYS - • - - . 169

APPENDIX I

TRIBUTE FBOM THE JUBOES - 174

APPENDIX n

SPEECH ON WOICEN'S SUFfBAGB .... 178

INBBX ..--.-. 191

;;

THE REMINISCENCES OF THE
RIGHT HON. LORD O^BRIEN

CHAPTER I

SARLT MOOLLBCnONS— mr FATHKE— THS FAMINE — RICHARD
LALOR SHSIL — ^BDUGATION — SCHOOLDAYS

I THINK it is Smollett who says something to the
effect that eveiy person who has anything to say
ought to write his own memoiis, provided he has
honesty enough to tell the truth. Inasmuch as the
truth is often extremely dull, I take up my pen, with
many misgivings, to write my reminiscences.

I was bom in the year 1842, on the 29th of June,
at Camelly House, in the county of Clare, where my
family was then domiciled. My father, John O'Brien
of Ballynalacken, Coimty Clare, was a Whig and
Member of Parliament for Limerick. He had, as we
say in Ireland, a "' long family." I was his fifth son.

He was a man of undoubted abilities and singularly

broadminded, but cold and reserved in manner, and

though he kept us, children, at a distance, we never

doubted the affection he bore us. He might have

left a mark on contemporary hiatory had he not been

of an extremely sensitive nature — shy and diffident.

2 REMINISCENCES OF LORD O'BRIEN

He was a warm supporter of Catholic Emancipation
and an intimate friend of the great O'Connell, to
whom he bore a very remarkable likeness, and for
whom he was frequently mistaken, a fact which some-
times gave rise to curious incidents. It is to my
father's eternal credit that he was among the first
Catholics of the educated classes to come forward in
support of Catholic Emancipation, a right which,
strange to say, the Catholic gentry of Ireland were
very slow to claim.

I have now in my possession the (London) Morning
Chronicle of the 15th of December in the year 1836
(price 5d.), giving an account of a meeting held in the
Court House, Clare ; my father was in the chair. At
this meeting, held two years before the passing of the
great Poor Law Act, resolutions in favour of Poor
Laws for Ireland were unanimously adopted. At
that time poverty and illness were rife in Ireland,
and a great portion of the land was in the hands of
absentee landlords. My father, speaking at this
meeting, pointed out that " a well-regulated poor-
rate would, in a degree, have the effect of an absentee
tax, from which the resident landed proprietors would
derive im)portant advantages and be relieved from the
painful sense of living in the midst of a famishing
population. The physical and moral condition of the
country would progressively improve, and the higher
and more affluent ranks, whether resident or absentee,
would be compelled, by the urgent sense of self in-
terest, to superintend the wants and ameliorate the

THEFABONE 3

condition of the hmnbler classes. It is appre-
hended," he said, ''that a poor-iate may encroach
upon lental, but whatever part is so applied wiQ pro-
duce an abundant equivalent, and I know no more
appropriate appUcation of national rental than in pro-
tecting the great body of the people from periodical
starvation." It would seem that my father foresaw
the evils which were to accrue bom absenteesim.

My first recollection, a melancholy one, impressed
itself indelibly upon my mind, and comes before me
as distinctly as if the incident took place only yester-
day, and yet how many years have elapsed since then !
It must have been about the year 1847 or 1848, the
years of the failure of the potato crop and the great
famine known in Ireland as '* The Great Hunger."
The very atmosphere of the day comes before me — ^a
dull grey day, with a low-hanging, leaden sky. I (a
very small boy) was standing in a field with my
father, who held me by the hand, and near by was a
labourer digging potatoes. Each time he dug up a
spade full of potatoes he scraped them free of clay,
and, in silence, submitted them to my father's inspec-
tion. Consternation and despair were depicted on
the man's countenance. Each potato was blaqk and
rotten at the core. I remember walking home with
my father and thinking the while how grave he looked.
The years 1847 and 1848 were, perhaps, the saddest
years in the all-sad history of Ireland. People,
especially in the west, died in hundreds from dysen-
tery, the effects of starvation. Clare was devastated

4 REMINISCENCES OF LORD O'BRIEN

by disease, miseiy, and desolation. The workhouses
were overcrowded; it was impossible to provide
accommodation for the starving, and on the road
skeletons were to be seen. A child of my tender
years was not permitted to see these harrowing sights ;
still, I perfectly recollect hearing them described.

My early recollections come back to me in a frag-
mentary manner. Some mere incidents stand out
vividly in my memory, whUe events of importance or
personages of distinction are totally forgotten, or but
indistinctly remembered. As a small child, I some-
times met Richard Lalor Sheil, who was a connection
of our family. I can just recall the vision of a man
of dwarfish appearance, with very intelligent eyes
which made his face attractive.

Sheil was a most agreeable companion. His ora-
torical powers were so great that they rivalled those
of O'Connell, and were supposed to excel even those
of Macaulay. My father attached much importance
to oratory, and was no mean orator himself; indeed,
Macaulay congratulated him in the House '' on the
force and eloquence " he displayed *' when pleading
the cause of his country." This occurred in 1844.
Lord John Russell had moved for a committee of the
whole House to take into consideration the state of
Ireland. I think in those days more importance was
attached to oratory in politics than at the present
time. Nowadays one hears of good speakers or
clever debaters, but rarely of great orators. I some-
times wonder if oratory is becoming a lost art, and
feai that Mr. Gladstone and John Bright were the

RICHAED LALOR SHEIL 5

last of the oiators. How well I lemember tlie well-
known Serjeant Fiank Murphy I* — ^a brilliant and
amusing conversationalist, the best of good company,
a most entertaining lacontenr, and much sought after
in London on account of his many social gifts. We,
children, delighted in his society, and would ask him
about London and the notable people he had met
theie. He used to speak to us of '" Old Thack," as
he called Thackeiay, who was a friend of his,
although he never quite foigave him for his unflat-
tering portrait of the Irish in the Irish Sketch Book.
The Seijeant was a confirmed gourmet, and I recol-
lect his telling us that he dined with Lord Byron,
who, though priding himself on his cook, gave a veiy
indifferent dinner. On Lord Byron asking him what
he thought of the cook, he answered, with more
frankness than politeness: '" Dam bad."

My iskther was deeply interested in the education
of his children, and was, as I have already said, lather
seveie. My three elder brothers were at school at
Oscott, and, when he was not detained in London by
Parliamentary duties, he used to superintend my
studies. I had to present myself in the library each
morning. It was with awe that I came into his
presence. I was placed in the far comer of the room
and made to read aloud from one of the Latin classics,
generally Virgil, and woe to me when I stumbled

* Serjeant-at-Law; a member of the English Bar; a writer of
magazine articles; contributed to Frctser^ 8 Magazine, which was
established by Maginn, and was under the auspices of Thackeray;
M.P. for County Cork, 1837-1853.— BDrroB.

6 REMINISCENCES OF LORD O'BRIEN

over 01 misptonounced a woid t I stOl hear his voice
ringing in my ears, as he called out '' Sir," or *' Sirrah,
what was that ?" Sometimes when the lessons were
over, and I had acquitted myself well, he would con-
verse with me, and tell me some story or incident
by way of reward. I remember his telling me
of an occurrence which made an impression on my
mind. One dark, wUd night when returning from
the Clare Arizes (he was High Sheriff at the time),
his carriage was suddenly stopped on a lonely road,
and an individual thrust his head into the window
saying that he desired to give himself up to justice,
" for," he said, " I was among the six men who mur-
dered Mr. So-and-so." He alluded to the muider of a
gentleman, which had taken place many years before,
and for which five men had been executed. The
man then proceeded to say that he was present at
the death scene of his companions, and the horror
of that scene still haunted him. At his own most
earnest wish he surrendered to justice, and, I believe,
paid the extreme penalty of his crime. This is inter-
esting only inasmuch as it shows that great criminals,
haimted by the sense of their guilt, will, years after
a crime has been committed, surrender to justice
rather than bear the reproaches of conscience.

As a boy, I was very happy, and full of vitality.
Most of my time was spent out of doors hunting hares
or coursing. I was often in mischief, and numerous
were the scrapes in which I was involved, from many
of which my old nurse, Eelly, extracted me. She
was a typical old-&tshioned Irish servant, very faith-

EDUCATION 7

ful and devoted to us. She was with us until she
died, and was always seoenty-fow when the census
came round, though she was much nearer ninety-
four t When I wished to tease her, I used to say:
'' Come now, Nurse Kelly; what is your age f " at
which question she immediately flew into a passion.
Though she was devoted to us all, I think I was her
favourite — ^perhaps because I gave her the most
trouble. I have a vivid recollection of being confined
to the lumber-room for some childish escapade, while
the kind old woman sat outside the door with an
enormous brown nursery teapot, trying to console me
with sauioibrs of tea, floating with cream, which she
passed through the door.

One trait I share in common with the great Dr.
Johnson, and that is my love of tea. As a child, it
was a panacea for aU my woes. When I was nine
years of age my father talked of sending me to school,
to join my brothers at Oscott. My father was some-
thing of a philanthropist, which often means spending
more money than one can afibrd. He had built a
schoolhouse, and had several roads made throughout
Clare to give employment after the famine — an ex-
pensive form of philanthropy. In those days elec-
tions were a great expense, so that when I was of
age to go to school the family exchequer had run
rather low. It was decided at last that my brother
William and I should go to dongowes Wood College.
I remember feeling very sad and desolate standing
aloof in the playground, watching boys of my own
age flying kites, which seemed to me an inane pas-

8 REMINISCENCES OF LORD O'BRIEN

time. At home we, chfldien, weie expected to take an
intelligent interest in all that was going on, and weie
pennitted to join in the conversation of our elders.
The Jesuit Fathers, on perceiving my mental isolation,
moved me into a class with boys older than myself.
I soon overcame any feelings of home-sickness. Many
pleasant memories flash back upon me when I think
of those distant schooldays, my teachers, and my
school companions. Father Lentaigne was Rector of
dongowes then, and among my class-fellows were
several boys who afterwards rose to eminence. John
Naish, one of my dearest friends throughout his life,
was amongst them. He became Lord Chancellor of
Ireland when little over forty years of age. Even
as a small boy he was remarkable for exceptional
ability; indefd, his intellect was towering, and his
memory encyclopsedic. His early death, in the full
vigour of his glorious intellectual powers, was a great
shock to his friends. Sir Nicholas O'Connor, after-
wards Ambassador at St. Petersburg, and the dis-
tinguished scholar, Richard O'Shaughnessy, were
class-fellows of mine, also Father Donovan, now a
Jesuit. I worked very hard at school, and always held
a good position in my class, being generally top of it.
In those pre-Intermediate days our studies were
almost exclusively classical. Richard O'Shaughnessy
and I were the leaders of the Rhetoric class. The
rivalry between us became so intense that in the
summer mornings, though still in bed, we would lie
waiting with open shutters for the first streak of
dawn^ so that we might prepare our work for the

SCHOOLDAYS 9

examinations. Aftei a close straggle, I carried off
the examination prize. My conduct on the whole
was good, although I was once the ringleader in a
'' barring out." One morning my class, headed by
me, decided to have a "barring out." Properly
speaking, it was the locking in of ourselves, and a
" barring out " of the " prefects " and other un-
desirables. The great pleasure lay in kicking up a
row, and in giving a display of pluck before the house.
The time selected was the hour for the mathematical
class.'"' Mathematics had no charm for me, nor,
indeed, for the majority of the class. A general
strike was proclaimed, and there was a cry of ** Down
with mathematics I " and much cheering and up*
roarious defiance of law and order. The master in-
voked the aid of the " Higher Line Prefect," who
summoned the rioters to open the door. Dead
silence reigned among the boys, inasmuch as they
were afiaid lest their voices might be recognized,
and we were in dire fear of the prefect. Once more

* That difltmguished Jesnit, Father Delany, when spealdiig of
mj father, told me the following little anecdote: " It became my
duty/' said Father Delany, ** in July, 1868, to examine the second
Mathematical Class of some fourteen students. The papers I had
set were easy; but of the fourteen not more than three attempted
to do the simplest proposition. The others handed in blank
papers, except O'Brien. He, too, did not attempt any of the
propositions, but wrote a really clever essay on the educational
value of the study of mathematics if<ynly one had a taaiefor them.
This was characteristic of the boy. Mature beyond his years,
he was very self-possessed, with the bump of reverence only
moderately developed; but genial and pleasant, and ready of
repartee." — ^Editgb.

10 EEMINISCENCES OF LORD O'BRIEN

he summoned us to sunender. There was no re-
sponse, whereupon he sent for the house carpenter,
who knocked in the panel of the door with two or
three sturdy blows. We had to capitulate, and had
to walk out in single file, blessing our luck that nothing
worse lay in store for us.

In my schooldays a favourite amusement of mine
was known as " bringing out the hounds." This pas-
time usually took place in the General Study Room,
when the boys were preparing their work for next
day, and when silence was imperative* The Prefect
of Discipline was near-sighted. One of my class-
fellows used to start giving tongue like a fox-hound
from one end of the study. I also gave tongue, and
in a few minutes there was a capital reproduction of
hounds in full cry. As no boy stirred from his seat,
it was impossible for the Prefect of Discipline to
distinguish those who gave tongue and those who
did not.

I was the recipient of many prizes when at school,
and in 1858 received the Clongowes Medal. I had a
love for the Latin classics, and construed Latin and
Greek verse very fairly. Though never a great
reader, I delighted in Shakespeare's plays, and had
a liking for poetry, especially for that of Byron. Sir
Walter Scott was my favourite author, and is to this
day. I shall never forget the pleasure with which I
read '' Ivanhoe." I know it is the fashion nowadays
to decry the Waverley Novels as too romantic and
dimode, but, surely, no other historical novel gives
such a vivid and incomparable picture of the feudal

SCHOOLDAYS 11

times. Though fully aware of my literaiy short-
comings, which I confessed to Mr. Arnold before
commencing my autobiography, I maintain that there
never was, and never will be, a novel to equal " Ivan-
hoe." I liked books which deal with adventures, and
works that appeal to the imagination. I thoroughly
enjoyed the writings of Dumas Pdre, and still re-
member being thrilled by Mrs. Radcliffe's '' Mysteries
of Udolpho," which I read as a schoolboy during my
vacation. I sat up at night for hours reading it in
solitude by the light of a solitary candle. Profound
silence reigned around me — ^the silence of ni^t —
when, all of a sudden, I distinctly heard a noise in
my room. There could be no mistake. Up to that
moment I had never believed in ghosts, but then felt
firmly convinced that I was about to see one. The
noise came again, loud, and more insistent. I hardly
dared look round, fearing some ghostly manifestation.
The candle was guttering and flickering before I
summoned courage to turn my head. I glanced
around the room, but there was nothing unusual to
be seen; still the souind came apparently from the
direction of the mantelpiece. It was so loud that I
seized the candle, and, going to the place whence it
proceeded, heard a croak. In another moment a huge
jackdaw flopped down the chimney from its nest at
the top. It was much bewildered and surprised by
its strange surroundings, and was, apparently, as
frightened as I had been before its advent. I suppose
it would be an Irish bull to say that this was my one
encounter with a ghost.

CHAPTER II

TRnOTY OOLLBGE — CALLBl) TO THE BAR^- HARRIERS — VY
FIRST PUNCHBSTOWN — ^MY FIRST CASE

In 1855 I was shocked by the sudden news of
my father's death. The day before, in his usual
health and good spirits, he had started for London
on Parliamentary duty. When he reached Dublin
he had some sort of seizure from which he never
rallied. He died at the Shelboume Hotel.

After his death my mother moved to Dublin with
us. My two eldest brothers were grown up at the
time. I entered Trinity College with the view of being
called to the Bar. My career at College was not, I
regret to say, a very distinguished one, nor was I
conspicuous as a strenuous worker. I had rooms in
that section of the College known as Botany Bay,
where, I believe, I gave very pleasant parties. I
remember one especially, a musical party. My dear

friend M (now a saint, and one of London's most

distinguished preachers, then a gay young man about
town), having dined not wisely but too well, took
possession of the piano and strummed upon it until
we could stand it no longer. He fancied himself as

TRINITY COLLEGE 13

a muBician in those days, and I believe he is still
musical. When we asked him to abstain from playing,
he determinedly sat upon the instrument, and it was
with great difficulty that we weie at last able to evict
him.

When I was at Trinity, Dr. Salmon was Lecturer in
Mathematics. Years afterwards he was Provost. He
was most gifted, but his abnormal absent-mindedness
gave rise to many good stories at his expense. I
remember being told that on one occasion when he
was out walking, he knocked against a cow on its way
to the butcher. Deeply absorbed in some intel-
lectual problem, he took the cow to be a passer-by,
and, taking o£E his hat, apologized to it most elabo-
rately, and then walked on.

On another occasion, when the Provost bad gone
to a dinner-party, his faithful servant was horrified
to find his master's trousers on the bed. ** Qracious
goodness !" thought he ; " my master has gone to
a party without his trousers.'' The man seized
the garment, and rushed into the street, where
he overtook the Provost, looking quite spick-and-
span and almost fashionable in a new pair of
trousers !

At Trinity Canon Teignmouth Shoro was one of
my grinders. Only a few years ago I chanced to
meet him again, and spent a pleasant day with him at
Worcester, where he showed me over hia beloved
Cathedral. When I left Trinity College I had had
an auction of all my things, and went to London to

14 REMINISCENCES OF LORD O'BRIEN

" cat my dinners/' In London I spent money nobly
— ^in fact, so munificently that I was soon penniless,
and piobably would have been there to this day had
I not possessed a valuable edition of Johnson's dic-
tionary, which I sold. The money it realized helped
to pay my return fare to Ireland.

DubUn was very gay in those days. My sisters
and I went to balls, dances, and parties at the Castle,
but I was obliged to retire from Court life owing to
the loss of my Court suit. It had belonged to my
eldest brother, then to my second and third, and
eventually was handed down to me rather the worse
for wear. It disappeared, having been stolen by a
servant. Its loss necessitated my withdrawal from
Viceregal circles for a time. Some years after its
disappearance, as I was walking down Dame Street,
when a levee was being held at the Castle, a rickety
cab collapsed just in front of me, and a gentleman in
a full Court suit was deposited on the pavement
bruised and looking very doleful. I condoled with
him on his accident, and, as I did so, was surprised
to perceive that he was wearing my ci-devoM Court
suit. In the course of conversation I asked him what
tailor had been responsible for his suit. He told
me that he had bought it from a servant-man, who
said that it was given to him by his former master,
who had no further use for it. There could be no
mistake about the suit, as I recognized certain well-
known patches.

I was called to the Bar in 1865. 1 read with that

CALLED TO THE BAR 15

great Judge and lawyer, Chief Baron Palles,'*' to whom
I always say I am indebted for any knowledge of
law I possess. For six months after I was called to
the Bar I gave no attention to work; not that I was
lazy or an idler, but I was fond of pleasure and ener-
getic in its pursuit. In those days I had a passion
for hunting which much interfered with my work.
It was far pleasanter to be at my brother's place in
Clare, enjoying the fresh breezes from the Atlantic^
than to be in a stufiy court-house, hanging about on
the look-out for chance clients, or listening to other
people's cases. I had a scratch pack of harriers, the
keep of which cost me nothing — ^they were boarded out
amongst the tenantry; and I possessed a horse called
Chance, the most trusty of hunters. The whole
country-side was wont to come out hunting with me,
even the schoolmaster left books and pupils to join
the chase. He was an excellent sportsman; I only
hope he was an equally good educationist. Perhaps
in those days school inspectors were less scrupulous,
or less keen, than now; anyhow, we were never
troubled by informal visits from them. We were a

* The Lord Chief Baron always regarded my father as a youth»
and never forgot that he had been his mentor, when, as a young
barrister, he had read law with him.

Onie day they sat together during the hearing of an important
case. A controversy on some point of law arose, on which the
opinion of the Lord CJhief Justioe, who was presiding, differed
from that of the Lord Chief Baron, and the latter was heard to
ezdaim, as thou^ he were speaking to a leoaloitrant schoolboy:
*^ Oh, Peter, Peter, you never learned that from me." — ^Editob.

16 REMINISCENCES OF LORD O^BRIEN

meny party, and the hillside lang with the sound of
my hunting-horn. I used to impress upon the keeper,
Tom Gardiner, then some years older than myself, the
necessity of preserving hares, now I threaten to put
him in jail should the hares fail. I am happy to say
Tom is still alive, and only the other day he sent me
a message to say that he had "' plenty of hares for
me; would I come and hunt them 1" Alas ! my
hunting days are over, and for me "" there has faded
a glory from the earth." Tom Gaidiner is endowed
with all the vivid imagiimtion of the Celt, and is
the most entertaining of story-tellers. With what
delight Lady Gregory and Mr. Teats would have
listened to him I Tom was intimately acquainted
with the fairies, and had seen mermaids with emerald-
coloured eyes and long hair, for '' all the world like
say-weed," who had endeavoured to put a " spell on *'
him and draw him under the waves in spite of himself;
but Tom was obdurate to all blandishments, and was
not to be cajoled even by " the Queen of the Mer-
maids herself," who, he gave me to understand, had
endeavoured to fascinate him. He took no little
pride in having resisted her baneful influence. We
all delighted in his stories, and this the rogue knew.
As I write, I seem to see his shrewd Irish eyes fixed
on my face, observing me closely, as he related some
of his thrilling experiences most dramatically, won-
dering, I suppose, how far I was gullible. So vivid
were his descriptions of '" witch hares " and strange
foxes, that, when I was listening to him, I am not

MY FIRST PUNCHESTOWN 17

certain that I myself did not believe in magic and
fairies.

How happy I was in Clare, and how I loved the
wild Burren country, and the thunderous sound of
the Atlantic, as the waves rolled against the clifEs I
I recollect one most excitii^ hunt, when a hare, having
given us quite a brisk run, made for the clifEs of Moher»
and, closely pursued by the hounds, bounded into
the Atlantic. It was with great diflSculty I managed
to call oiS my hounds. On another occasion my
horse, Cihance, floundered into a bog, and, but that
he extricated himself by what seemed nothing short
of a miracle, the Queen's Bench would never have
known me.

How well I remember my first Punchestown,
which took place not long after I had been called
to the Bar! I had made no arrangements to go,
and, all of a sudden, on the very morning of the
races, it flashed upon me that they were to t^ke place
that day. I wanted very much to go, as did my
friend, Sam Walker, afterwards Lord Chancellor of
Ireland. John Naish also expressed willingness to
accompany us. But how were we to get to Punches-
town ? That was the question. Special trains did
not run so frequently in those days, and they were aU
gone before we bethought ourselves of the races. All
the jarvey cars had either started or were bespoken.
We betook ourselves to a livery stable, where we
endeavoured to secure a conveyance. Everything

on wheels seemed to be en royie to Punchestown.

18 REMINISCENC3ES OF LORD O'BRIEN

The only vehicle on the pzemises was a heaise, but
we were not to be beaten, and hired it. We weie
joined by another friend, whom I did not meet again
until he had become a Eield-Maishal, many, many
years afterwards. Drawn by two long-tailed, fune-
real, doleful animals, we drove on to the course, where
we were applauded by the crowd. Perhaps those
sony-looking steeds would have presented a more
spanking appearance had they known that, of the
four occupants of the heaise, two would become Lord
Chancellors, another would one day be a Field-Mar-
shal, and the other a Chief Justice ! I believe I won
a little money on the races, which I think I deserved,
having surmounted so many difficulties to get to the
meeting. My sporting proclivities were viewed by
my family with dismay; they feared I should never
work, and, indeed, I might never have done so, had
I not met my wife, to whom I owe all my success in
life. When I proposed to her, she accepted me upon
the condition that I should set to work, and when
I was getting into practice, we arranged that we
were to many. I now applied myself to my profes-
sion, attended Quarter Sessions, and hung around the
assize court, hoping to get briefed. Life is a hard
struggle for a young barrister, and especially hard
for those who have no connection among solicitors.
Many of my fellow-barristers were sons of wealthy
solicitors, who took care that their sons should be
weU provided with briefs.
I had joined the Munster circuit. One day my

MT FIRST CASE 19

opportunity came at the Cork Assizes, ovei which
Judge Fitzgeiald, afterwards Lord Fitzgerald, was
presiding. A soldier was being tried for some offence,
and the counsel for the defence had been taken ill,
if I remember rightly; at any rate, he failed to put
in an appearance. "' Is there no one here to defend
the prisoner ?'* asked the Judge; and then his glance
fell on me, and he said : " Mr. O'Brien, will you under-
take this man's defence?" I gave a nervous, but
delighted, assent, rose to my feet, overwhelmed with
confusion, and when I began to address the jury, in
my embarrassment I did so from the back benches
of the court. Loud tittering brought me to myself,
and I stumbled into my proper place. Once fairly
started, I lost my self-consciousness, and must have
acquitted myself well, for when the case had concluded,
Judge Fitzgeiald congratulated me in the most flat-
tering terms on the manner in which I had conducted
the defence. From that day I steadily got into prac-
tice.

CHAPTER III

■ABLY STRITQOLBS — ^A BBXAGH OF FBOMIBB— ISAAC BUTT —
JUDGE KEOQH — THE MUNSTSB GIBCUIT

Shobtly after I was called to the Bar I was appointed
registrar to my uncle, James O'Brien, one of the
Judges in the Court of Queen's Bench. He was often
confused with the late Judge William O'Brien, though
they were not even remotely related. After my
father's death my uncle represented Limerick in
Parliament until he was raised to the Bench. I did
not, however, remain his registrar for any length of
time, as I found the duties attached to the registrar-
ship interfered with my professional work. When I
had been at the Bar for about four years I married,
with little to begin married life upon, save courage
and an invincible optimism. I worked valiantly,
rising at six o'clock in the morning, and getting
through much work before breakfast. All my life I
have found the morning the best time for work,
though, of course, I have had frequently to sit up
late in consultation. How delighted I was in those
jlays to make a few guineas on a brief ! These small
fees gave me far greater pleasure than the large sums
I afterwards received, when success was achieved.

I think most young barristers e^^rience great plea-

A BREACH OF PROMISE 21

sue when they receive their first fees (however small),
the result of their brain*work.

I remember that one of my early successes was in
a breach-of-promise case. A farmer's daughter had
been badly treated by a man, who, having been
engaged to her for a considerable number of years,
jilted her in the most heartless manner. The girl
whom he had so cruelly forsaken had been engaged
to him in her early girlhood, and was at the time of
the action past her fremiisre jeunesse; nevertheless,
she was of very prepossessing appearance. She
seemed to feel her position keenly. I thought that
her good looks would be likely to make a favourable
impression on judge and jury, and told her solicitor
to advise her to dress nicely on the day she gave her
evidence, which he promised to do. To my dismay,
my client appeared in court next day befeathered,
with tonzled hair, and dressed in an exaggeration of
the prevailing fashion. All the colours of the rainbow
seemed to have merged themselves upon her person.
Gracious Heaven!" I whispered to her solicitor,
bring her out of court and get her to alter her appear-
ance as much as possible. Bid her wash the powder
ofi her face; remember she is broken-hearted !" The
solicitor acted on my suggestion, the lady left
court for a few minutes, and returned less flamboyant
in appearance. In stating the case to the jury I
expatiated on the cruel conduct of a man, capable of
throwing over a girl whose best years had been con-
secrated to him, and for whom life had no longer any

€4

22 REMINISCENCES OF LORD O'BRIEN

attiactions. My address diew tears from some of
the jurors, and I actually succeeded in getting the
damages asked for, a very large sum.

During my early days at the Bar I was counsel in
several cases with Isaac Butt as my leader. He was
most eloquent, and I found him most likeable, as did
everybody with whom he came in contact. I was
with him in one of his last cases. Poor man ! How
weak and ill he was — ^almost in a state of collapse as
he tried to struggle on with his work ! It was said
that Butt died of a broken heart. I do not know
whether this was really the case, but doubtless worry
and anxiety hastened his end. Butt, the most dis-
interested of men, was deposed for Pamell, and died,
as did Pamell, forsaken by his party*

I recollect hearing a stoiy in connection with a
dinner-party at Butt's house, at which a number of
people were dining, amongst others, David Plunkett,
now Lord Rathmore. There was also a man who

shall be nameless, and whom I shall call Y . Butt

rarely drank whisky, but would sometimes take a

glass of gin in preference. Y , having put some

whisky into his glass, proceeded to add from a de-
canter what he took to be water, but which was gin.
Having nearly filled his tumbler, he drank it ofi with
the result that, ere the lapse of many minutes, he
was speechless. After a time he recovered his senses,
and, turning to Butt, said : " What splendid whisky
you have. Butt ! Never did I taste its equal."

Judge Eeogh, one of the cleverest men that ever

JUDGE KEOGH 23

sat upon tlie Iiish Bench, was of somewhat arbitrary
temper. Once he and I had a passage of arms.*

* I am indebted to an eyewitness, the Bev. Mr. Pearson,
for an interesting aooonnt of the scene, which he desaribes
thus: ^* Late in the day Judge Eeogh was charging the jury: the
court was crowded with all the leading citizens of Cork, and
excitement ran very high. Judge Eeo^ was giving the jury a
definition of the law of conspiracy, when Mr. O'Brien stood up
and said: ' Respectfully, my lord, I would ask your lordship to
put it this way to the jury,' mentioning another legal definition.
Judge Eeogh turned round angrily and said: *Mr. O'Brien,
resume your seat, and if you stand up again I shall have you
removed from court.' (I may say Mr. O'Brien had not previously
said a word during the Judge's charge.) Mr. O'Brien did resume
his seat, and waited until the Judge had finished his charge
and the jury had retired; he then said: ' My lord, when your
lordship was defining the law of conspiracy, in the excitement of
the moment I rose to suggest an alternative definition; I did so
most respectfully. Doubtless I was a little irregular in not
waiting until the jury had retired, but your lordship said if I did
not resume my seat, you would have me removed from court.'
Judge Eeogh: *Yes, certainly.' Mr. O'Brien: 'Well my lord,
on behalf of the Munster Bar, I strongly protest against such
language being addressed to any member. If such language can be
used by the Bench, we may say farewell to the freedom of the Bar.'

*^ The hour being then about 7 p.m., the Judge said he would
go to dinner and return at 9 o'clock, to take the verdict of the
jury.

^* I came back rather early, and was fortunate enough to get
my old seat directly behind Mr. O'Brien; sitting next to him was
the late Mr. Justice Wright. When 9 o'clock came, the court
was so crowded that we all felt certain Judge Eeogh would be
in a towering rage and have us all removed this time. There
seemed to be no check (as indeed there was not) on the crowd
coming in and filling up every passage. 9.30 came and 10 o'clock,
and still no Judge. It was fully 10.30 when he came on the
Bench, and the SherifE started to call out the jury. * Wait a

24 REMINISCENCES OF LORD O'BRIEN

The encounter occuized at the Cork Assizes as far
back as the year 1877. A man named Humphreys,
who had held the position of City Treasurer, was
accused of having formed a conspiracy to defraud
the late Sir John Amott, whom he had joined in a
business transaction. The whole issue of the case
depended on the jury having a clear understanding
as to what constituted a conspiracy. I had argued
that one person could not form a conspiracy, and that
there was no evidence to show that the accused had
conspired with any named person. When Judge
Eeogh was giving a definition of the law of conspiracy,
I rose and said : "' Respectfully, my lord, I ask you
to put it in this way," and proceeded to briefly out-
line the law of conspiracy. Eeogh grew heated, and
threatened to have me removed from court if I did
not sit down. When he had finished speaking, I rose
and said : ** My lord, you threatened to have me
removed. If such language can be used from the
Bench, then farewell to the independence of the Irish
Bar.'*

moment/ said Judge Eeogh, and then taming to Mr. O'Brien, he
said : * Mr. O'Brien, I said something to you this evening which I
regret, and you resented, very properly. I fully withdraw it; that
statement was made in the presence of a crowded oourt, and so I
sent word that the doors of the court should be open, so that as
many might be present while I withdraw those words as were heote
when I uttered them.' And then, for the first time, I should
say, in his experience as a Judfje, he was cheered to the eoho.
But the cheering was even greater when the popular Petes O'Brien
(the name we all loved to call him by) rose to make a suitable
acknowledgment." — Editob.

^ *

-•^

JUDGE KEOGH 26

Daring the remainder of the day the incident
weighed heavily on my mind. I had a personal re-
gard for Judge Eeogh, and was also fuUy conscious
of the fact that it was a serious matter for a junior
barrister to speak as I had done. The court sat very
late that night. Before it rose Eeogh, who was a
big man, sent for me. " Mr. O'Brien," he said, " I
must apologize to you. I was wrong in uising the
threat that I did."

There and then in open court he made an ameinAe
honorable^ which did him infinite credit* Ever after
this encounter he was most friendly to me.

Rumour had it that Eeogh was hard up. This was
probably untrue, although his hospitality was pro-
verbial.

On one occasion when Eeogh was dining with Lord
Fitzgerald, one of the host's little daughters made her
appearance at dessert, and was told by her father to
shake hands with Judge Eeogh. To the surprise of
all present, the child resolutely refused to do as she
was bidden, and put her hands behind her back.
" Why won't you shake hands with me, my dear 1"
Eeogh asked. ** Because I heard papa say that you
are alwajrs pulling the devil by the tail," the enfant
tenMe replied !

I have many pleasant recollections in connection
with the Munster circuit — ^recollections of good stories
and good company. Tom de Moleyns, subsequently
a County Court Judge, was at one time father of the
Munster Bar. His was a charming personality. He

26 REMINISCENCES OP LORD O^BRIEN

enjoyed an immense and deserved popularity, was
courteous and afEable, and possessed a fund of anec-
dote.

I remember de Moleyns telling me that joumepng
in France he foimd himself in a railway-carriage with
a very beautiful young girl, accompanied by a nun
who was evidently acting as duenna. De Moleyns,
who was much struck by the young lady's appearance,
cudgelled his brains as to how to get into conversation
with her. At last an opportunity arose. The nun
endeavoured inefEectually to open a window of the
carriage. De Moleyns eagerly pro£Eered his assis-
tance. The nun thanked him in broken En^sh.
The wily de Moleyns drew himself up indignantly,
and said in his best French that he was not English,
but Irlandais. " Irlandais et Catholique !" exclaimed
the nun delightedly. De Moleyns, who was not
'* Catholique," and was like St. Paul in being all
things to all men, did not consider it necessary to
make a confession of faith at that moment. The ice
once broken, the long journey was very pleasantly
beguiled for him by the conversation of the two charm-
ing ladies.

Very different from the courteous de Moleyns, but
an excellent fellow also, and a member of my circuit,
was Daniel O'Riordan, generally known as the Con-
veyancer, because at one time of his life he was the
driver of a car between Macroom and Cork. Such
is the republican spirit of the Bar I

O'Riordan was a most enthusiastic card-player, and

THE MUNSTER CIRCUIT 27

after the Bar mess it was his custom to indulge in a
game of whist. He had a luxuriant growth of curly
hair, and one night, when intent on the game, leant
so close to the candles on the card-table that in one
second his hyacinthine locks had caught fire. The
other players were appalled, but not so my friend
O'Riordan, who, not in the least perturbed, pressed his
hand to his hair and extinguished the flame, saying,
at the same time : '' Never mind the conflagration,
boys; go on with the game."

CHAPTER IV

I 00NTB8T GLA.RB — THB QUBBN V. PABMBLL

On the death of Sir Cohnan O'Loghlen in 1879, I

contested Clare in the Liberal interest. The other

candidates were The O'Gorman Mahon and Captain

Hector Vandeleur, whose father, Colonel Vandeleur,

of Eilrush, a Conservative, had represented the county

for many years. The veteran O'Oorman Mahon

came forward as a Home Ruler. Though he lived

almost entirely abroad, he was, nevertheless, popular

in the county, inasmuch as he had many years before

supported O'Connell when he contested Clare. The

Freeman^ 8 JoumoA (the Home Rule organ), when

referring to the impending election, published the

following passage: '* The nomination for dare took

place yesterday. The three candidates proposed and

received by the SherifE are — ^The O'Gorman Mahon,

Captain Hector Vandeleur, and Mr. Peter O'Brien.

They are all equal in one respect — they are all Clare

men. The first-named is a veteran, better known

in Paris than in London, yet popular on his native

heath. The name of O'Brien it is unnecessary to do

more than mention in Clare. Connected with all the

glories of the country, it is particularly knit into the

everyday life of the county of its birth and its dwelling-

THE QUEEN t;. PARNELL 29

place. Mr. O'Brien is in favour of ' Tenant Right
and Catholic Education Bight/ " The article went
on to predict that, were I to declare myself in favour
of Home Rule, I would have a great chance of succeas.
At a meeting held at Eilf enora, many declared them-
selves personally favourable to me, and at this meet-
ing it was suggested that I should be given time to
alter (''amend" was the word used) that portion
of my address which dealt with Home Rule. My
address remained unchanged, and, at the close of the
Poll, The O'Gorman Mahon stood at the top by a
substantial majority.

I took silk in 1880. The same year a State pro-
secution was commenced against Mr. Pamell and
others, the charge being one of seditious conspiracy.
I was entrusted with the defence of Mr. T. D. Sullivan
(proprietor of The Nation). Mr. Sullivan had always
been a man of letters, and not until the year 1879 had
he ever appeared upon a public platform. During
this trial, known as the Queen v. Pamell, I met Mr.
Pamell in consultation, and suggested to him that
the Roman Oatholic Bishops should be called upon
to give evidence, as many of them had supported him,
either by their presence at meetings or by letters.
But Pamell, who, even in those days, had little afEec-
tion towards the Ciatholic Church (the action of the
Irish Bishops after the divorce decree efiEectually split
up his party), said: ''Don't produce the Bishops;
they would hedge''; and again emphatically re-
peated: '' Don't produce them; they would be sure

30 REMINISCENCES OP LORD O'BRIEN

to hedge." The State trial extended over a lengthy
period. At first it excited much interest, and the
court was crowded to suffocation, but after a while
people wearied of it. The evidence was nearly all
documentary; speeches were read and reread over
and over again. Conspiracy is a loosely-defined
offence, and it is difficult to define what constitutes
it. This I pointed out to the jury, and told them
that^some think because a man uses an expiession
here, identical with an expression used by another
man there, that that constitutes conspiracy, but
that conspiracy was not coincidence of opinion.
Alluding to the many speeches read in court, I said
that all these speeches clearly showed a diversity of
opinion, and revolved in one giddy throng of hete-
rogeneous confusion and contradiction. I submitted
that, therefore, the traversers could not be found
guilty unless the jury was satisfied that there was an
agreement between two or more of them. On the
twentieth day of the State trial of the Queen v. Famell,
the foreman of the juiy announced the result in these
words: "' We are unanimously of the opinion that
we cannot agree" ; and thus the trial ended.

CHAPTER V

TEDB LAND LRAGUE — ^MOONLIGHTBBS

The year 1880 was a bad yeai for Ireland. Great
poverty and misery prevailed, as there had been
three bad harvests in succession, and in 1879 the Land
League was formed. At first the League attacked
the land system, not the landlords, but, after a
while, it outstepped the bounds of constitutional
agitation, and sporadic outbreaks of agrarian crimes
of the most revolting nature took place. Landlords
or their agents were shot from behind hedges, and
at night armed men raided the country. It was
found aU but impossible to bring the perpetrators of
such crimes to justice. Witnesses were afraid to come
forward, jurors were intimidated by threatening
letters, and often would not convict — a very serious
state of affairs — ^perhaps the very worst evil that
can befall a country, inasmuch as our civil rights and
our criminal liabilities are dependent upon the fairness
of the common jury. When concluding the Munster
Assizes in the year 1880, Judge Fitzgerald assembled
the Grand Jury, and told them that he felt much
disheartened by the many failures of justice he had
witnessed during the Assizes. This he attributed to
external influences operating upon some of the com-

32 REMINISCENCES OF LORD O'BRIEN

mon jurors, and preventing them from performing
their duties. Even during the Assizes, while the
law was being administered, there was no cessation
of crime. The Judge himself received many threaten-
ing letters, written in the hope of intimidating him.
One of these, exceptionally vindictive in tone, he
read from the Bench. The writer swore that worms
would have their Christmas dinner o£E the Judge's
bones if he attempted to bring convictions against
certain prisoners. Judge Fitzgerald, of course, treated
these letters with the contempt they merited.

The close of the year 1881 saw me Junior Crown
Prosecutor for Green Street, and in 1883 I was
appointed Senior Crown Prosecutor. By that time
crime had enormously increased in the South of
Ireland, and at the Winter Assizes the criminal calen-
dar was so heavy that the Assizes did not conclude
until about the middle of January. County Cork
especially was in a very disturbed state.

A band of ruffians, with "" Captain Moonlight "
at their head, raided the country almost nightly,
making many attacks upon farm-houses, maim-
ing cattle and committing many atrocities. The
marauders disguised themselves by blackening their
faces and wearing false whiskers. A man named
Connell was at last arrested in connection with these
midnight raids; he immediately turned approver,
s^ing that he had informed because he thought the
police would not have arrested him had not one of
his gang given information. On the person of Connelly

MOONLIGHTERS 33

when searched, many incriminating documenta were
found, appointing laids by *' regimental oidei of
Captain Moonlight." I prosecuted in the case of
Jeiemiah and James Twohey, indicted, among other
charges, for having broken into the house of a Mrs.
FitjsGterald, an old widow, who lived at the foot of
Muahera Mountain. Her husband had died after a
previous outrage. Connell, who proved to be no less
a personage than Captain Moonlight himself, appeared
in the witness-box to give evidence for the Crown. I
said, in my address to the jury, "" How often have we
seen in the history of Ireland approvers come forward
to expose a confederacy in which they themselves
were steeped to the very lips, and how often have men
been convicted on their evidence ! The evidence of
such men ought to speak with trumpet tone to those
unhappy people who form criminal confederacies.
Such was the nature of the confederacies that there
was no security for criminals, for the man who is a
criminal to-day may be an approver to-morrow."

Concerning the evidence of approvers, the Judge
points out to the jury that such evidence should be
corroborated. In the case of the Twoheys a dog was,
if I may use the term in referonce to an animal, the
principal witness for the Crown. Mrs. FitzGerald
became terrified on seeing a band of armed men
invade her house, and failed to identify the invaders.
She was struck on the head and was bleeding from
the wound : her daughters, who wero roughly handled,

were also terrified by the appalling scene, and failed

34 REMINISCENCES OF LORD O'BRIEN

to identify any of the miscreants, who weie all dis-
guised, save the Twoheys. A servant in Mrs. Fitz*
Gerald's employment said in his evidence that the
Twoheys took an active part in the attack. When
the raiders had left Mrs. FitzGerald's house, a
strange dog was found about the place, and this
dog, " Sam," was proved to belong to James Twohey.
Connell said that the dog had followed the Moon-
lighters to Mrs. FitzGrerald's house on the night of
the attack, and that it was accidentally left behind.
It was brought to the police-station, where it remained
for some days, but no one came to claim it. Mr.
Starkie, subinspector, and the late Captain Plunket'*'
ascertained to whom the dog belonged. It was put
into a bag and taken near the house of the Twoheys,
where it was set free. Captain Plunket and Mr.
Starkie watched ; the dog made straight for the
house. Old Mrs. Twohey afEected not to recognize
it, as did her son James, though it manifested much
joy at seeing them, wagging its tail and putting
back its ears. When the police tried to remove it
from the Twoheys, it would not leave; it evidently
thought there was no place Uke home.

Ammunition was found concealed on the premises,
as were also false whiskers, wigs, and various dis-
guises belonging to the Moonlighters. The dog, a
most intelligent animal, was produced in court. The
jury found the prisoners guilty, and each was sen-
tenced to seven years' penal servitude.

* The Hon. Thomaa FltUikett, Resident Magistrate for Cork.
— EniTOB.

CHAPTER VI

A MUSDKR TBIAL — BTOBMT AND 8TUNUOU0 DAY8— A GLBVBB

IMFOBinON

Another sensational trial in which I prosecuted at
these Assizes was that of Sylvester PofiE and Thomas
Barrett, who were tried a second time for the murder
of Thomas Brown, a farmer, who lived near Castle-
island. A haid-working, respectable man, Brown's
sole cause of ofEence was that he purohased some land
from his landlord. The murder, a most biazen and
ca;llous one, took place in broad daylight in a field
near a road, and was actually witnessed by some boys
coming from school. Such was the state of terrorism
which prevailed in the district that the assassins
thought they had no cause to fear, as murder was
becoming a safe crime in County Cork. The school-
boys saw Brown woijking in a field. He was ap-
proached by two men, who beckoned him, as if they
wished to tell him something. The boys saw the
men talking to Brown as if they were admonishing
hiin, and he seemed to be aefking pardon, hat in hand.
The men then fired three shots at him; he rushed
past his assassins and fell. Two more shots were
discfaatged, and the two men made o£E.

At the very moment of the murder Brown's wife

36 REMINISCENCES OF LORD O'BRIEN

was standing only a few yaids from the spot where
the occunence took place, speaking to a Mrs. Bros-
nan, who stated that when she saw the men
she felt *' queer and frightful/' and immediately
apprised Mrs. Brown that two strangers were on
Brown's farm. Mrs. Brown was not alarmed, and
remarked that they were probably men coming from
a funeral; hui, not seeing her husband working in
the fields, she went to look for him, and found him
dead, a buUet having penetrated his brain. When in
jail awaiting his trial, PofiE made a statement to the
effect that on the day of the murder, he, Barrett,
and a man named Dunleary, went into the haggard
of Patrick Fitzgerald, and while there Dunleary
said it was a bad place to be, for Brown was to be
shot there that day. The men to whom the terrible
aimouncement was made never went to give a word
of warning to save the unfortunate man's life. As
is usual in Ireland in most of these criminal cases, it
was said that the murder was committed by "" stran-
gers." It was very difficult to procure evidence for
the Crown owing to an appalling state of demoraliza-
tion. It was of paramount importance that the
assassins of Brown should be brought to justice if
the interests of justice were to be safeguarded.

One of the lads who had witnessed the murder,
said he could not recognize the assassins, as they
w^re muffled and wore long cloaks, and in cross-
examination it transpired that he was a relative of
one of the accused men.

A MURDER TRIAL 37

Mis. Brosnan made a lemarkable statement to the
effect that though she had cautioned Brown to be
careful of himself , as she had seen Batiett watching
his movements, she gave no information to the poHce.
On the day of the murder she had met PofE and
Barrett in the vicinity of Brown's farm. At the
inquest on Brown she denied having seen them. In
the meantime she said that she went to confession,
and confessed to have made a false statement at the
inquest. The priest told her that she could not again
swear what was false, so in the trial she told the truth.
The prisoners were very ably defended, but the
Crown evidence against them was strong.

In my reply on behalf of the Crown, I said : '' The
facts of the case are too unrelenting and too im-
placable even for the eloquence and the energy of
counsel for the defence, who said that there is
nothing in the antecedents of the prisoners to induce
the jury to believe that they would commit so foul a
crime. The Crown could not have given any evidence
as to their antecedents or character — ^by the rule of
law they are precluded from doing so— but the pri-
soners' counsel (not at the expense of the prisoners,
but at the expense of the Crown) could, under the
rules of the Winter Assizes procedure, have called
any men they liked, priests and doctors who were in
court, and have asked them what is the character of
these men, whose lives are trembling in the balance.
Notwithstanding that it was the privilege of my
learned friends to procure evidence as to the char-

38 REMINISCENCBS OF LORD O'BRIEN

acter of the men^ none was produced, perhaps in the
exercise of a veiy wise discretion* What character
did the prisoners give of themselves? Upon their
own showing, what did they know and what did
they abstain from doing ? They knew that Brown
was to be shot; they saw him in Scartaglin that
day; they walked by 'i&xa. Brosnan's house ^d
close to the house of Mrs. Brown, and they did not
tell her a word — ^the wife, the widow 1 They saw
Brown in Scartaglin, and they gave him no intima-
tion of his coming doom; and these are the men, in
whose antecedents there is nothing to lead the. jury
to believe that they are anything but respectable ?
A^in, I invite the attention of the jury to the ac-
count which the prisoners gave of themselves. What
brought them to Fitzgerald's house that day ?"
In dealing with the suggestion that strangers h^d
committed the crime, I pointed out that in limerick,
whenever a murder was committed, the murderers
came from New Pallas; in Claro, when a murder was
committed, they came over the Broadford hills from
Tipperary; and when a murder was committed in
Eeny, the murderors came from Castleisland I
'' And," I added, "' I am surprised that in this case
counsel 4id. not describe them ^as some meteoric visi-
tants dropping from the moon ! What brought the
prisoners to Pat Fitzgerald's that morning ? " Having
then roviewed the evidence, I wound up by saying:
" If you have any doubt, as reasonable men, let the
prisoners go free; but, , if you have no reas9njAl)le

STORMY AJiTD STRENUOUS DAYS 39

doubt, then do you]> duty. Let not the assassins of
Thomas Brown go soot-fiee back to Castleisland to
what, we submit, is the scene of theii slaughter and
their crime. The blood of the victim, the tears of
the widow, the wail of the orphans, appeal to you;
your country and your God appeal to you; the prin-
ciples of our common Christianity appeal to you, to
smite with the sword of your justice these monsters
of crime, who have fed upon the blood of your country-
men with viperous fang, and who have desolated tihe
once happy homes of our native land."

The jury, after half an hour's deliberation, returned
a verdict of guilty, and .the prisoners were sentenced
to death.

From the time that I was appointed Senior Crown
Ptosecutor at Green Street, my work was very heavy,
and my life extremely strenuous and stormy. In the
long vacation we generally went abroad, and amidst
fresh scenes and pastures new, I desired to forget law
and Irish politics. During my holidays I made it a
rule to read the Irish newspapers as little as possible.
Occasionally, when a few days were at my disposal, I
would pay a brief visit to my brother's place in dare.
My native air always set me up when I was feeling
overworked or run down. Once, when on one of
these short visits to my native wilds, I was the victim
of an imposition which was not without an element
of humour.

One day we were told that two nuns had called
and desired an interview with my brother. This

40 REMINISCENCES OF LORD O^BRIEN

was readily granted, and the two nans weie usheied
into the room. One was tall and very voluble, the
other was the possessor of very fine eyes, but was
silent and demure. The talkative nun, who acted
as spokeswoman, told us that they had come from
America to tlus country on a begging mission, the
object of which was to collect sufficient money to build
a Catholic church in some wild region in America,
where Catholics had no place of worship. The tall
nun talked so earnestly, and with apparently so much
pious seal, that she induced my brother to give her
a large donation towards the building of the projected
church, and I followed his example.

She thanked us profusely, and her demure com-
panion shot us a look of deep gratitude from her fine
eyes. The spokeswoman then asked if she might
coUect among the servants. Permission waa readily
granted, and, the household having all contributed
according to their means, the nuns again thanked us
and departed. They appeared in church on the
following Sunday, and the parish priest allowed
a collection to be made for them at the door. Some

weeks later I met Father P , our pastor, and, in

the course of conversation, said to him: " Well, what
has become of the good nuns ? Have they returned
to America V* A strange and rather shamefaced
expression passed over his countenance. "" Haven't
you heard 1" he said. *' They were not nuns; they
were a couple of skilled impostors going through the
county collecting money. They were man and wife.

A CLEVER IMPOSITION 41

The smaller and slighter was the man*" Poor

Father P felt very sore at having been so sucoess-

foUy imposed upon, and whenever I wished to get
the better of him in any poUtical argument or other-
wise, I had only to say : ** Well, Father, I think you
are mistaken. We are all liable to make mistakes.
Do you remember how you, a priest, were deceived
by those soi-diaofnt nuns ?" After which remark, our
worthy pastor was wont to lapse into gloomy silence.

CHAPTER VII

TBIAL OV KKAKOIS HTNBS — *' PBTBB THE PACKER '' — A

HUMOROUS JABVEY

In August, 1882» at (jieen Stieet Court-house, Francis
Hynes was charged with the murder of John
Doloughty. On the 9th of August, on the roadside
at Enockanane, in Clare, Doloughty was found in
a dying condition. He had had a dispute about
land with Francis Hynes some time before the
murder. The case excited much interest, as Hynes
was far superior in class to the ordinary criminal.
He was the son of a professional man. A con-
stable named Doyle, on hearing that Doloughty
was shot, went down the road for about four
miles beyond where Doloughty was found, and
saw Hynes on the road. When he was asked
what brought him there, he said he had come for
a ramble. " How long have you been here ?" the
constable asked. '' A couple of hours," Hynes
replied. The constable arrested Hynes, and, on
searching him, found in his pocket a package of
snipe shot which corresponded in size with that
which was afterwards found in the head of the mur-
dered man, who, before he expired, said several times:
'' It was Francy Hynes who did it." Doloughty

T^IAL OF FBANGIS HYNES 43

\ras shot from the front, and theiefoze must have
seen his assassin. The evidence against Hynes was
overwhelming, and the sympathy felt for him was
di£B.ciilt to understand. Doloughty left a widow
and seven chndren unprovided for, and James
Murphy,* in his forcible reply for the drown,
pointed out the amazing fact that no sympathy was
felt for this unfortunate man. Hynes was found
guilty and sentenced to death. The veidict was
a signal for an outcry in the Nationalist Press, as,
indeed^ was then generally the case when any verdict
favourable to the Crown was brought in, no matter
how heinous the ofience. There were frequent and
systematic attaqks on jurors. In the case of Hynes
the. attack was of a very shocking nature, and, if
conscientious verdicts were to be obtained, and
jurors protected, if could not be passed over. An
article appeared in the Freemcm^s JownaL in refer-
ence to this case. This article contained an attack
upon the. jury, and stated that the jurors were under
the influence of drink the night before the veidict
was given. Mr. Dwyer Gray, the proprietor of
the Freeman^ was summoned for contempt of Court,
and was ordered to pay a fine, or undergo a term of
imprispnment. He chose the latter course.

It was during these days of the Land League that
the soubriquet of '^ Peter the Packer" was first
given to me. In the South of Ireland at that time,
juries were intimidated to such an extent that it was

* Mr. James lUtniphy, Q.C., subsequently a Judge.

44 REMINISCENCES OF LORD O'BRIEN

impossible to obtain conscientious convictions. I
was the fiist to succeed in getting a juiy to convict
in that part of the countiy, and this success won for
me the title of " The Packer." I certainly eliminated
from the jury box, without apology, those who were
prejudiced, and I would do it again under similar
circumstances. I have always maintained that I
ought to have been called " The Great Unpacker."

This soubriquet of "" Peter the Packer " gave rise
to many incidents which caused me no little amuse-
ment. Once I cross-examined a peasant named
Bridget Maloney. In my endeavour to elicit the
truth from her I said, persuasively : '" Come, come,
Bridget; tell the jury what occurred." The lady
drew herself up majestically, pulled her shawl over
her head, and said: '' Mrs. Maloney to you, Pether,
if you please." When I had at last succeeded in
getting at the truth, the good lady, before leaving
the witness-box, crossed herself devoutly, and, fixing
an indignant gaze on me, exclaimed: " Glory be to
God. What a man 1"

On another occasion, shortly after my elevation to
the Bench, I happened to be travelling on the Great
Southern and Western line. I was sitting by the
window of the carriage which had been reserved for me.
The train stopped at Maryboro', where it was fair
day. On the platform there was the usual crowd
one sees in Irish stations on such days. A number
of idlers had gathered round and were staring into
the carriage. One man» who had been looking at

A HUMOROUS JARVEY 45

me moie intently than the others, suddenly ex-
claimed, as he pointed to me : ^' Begorra, it's the Packer
himself, boys !"

I was much amused, and the saying of the late
Lord Moms came into my mind: "' More people know
Tom the fool than Tom the fool knows."

Once when prosecuting in Sligo at the Assizes I
had a very amusing experience.

I had been in court all the morning, and, feeling
the need of fresh air, decided to utilize a little leisure
time in the afternoon by taking a drive. I secured
the services of a most loquacious and humorous
jarvey, who afEected ignorance of my identity,
probably in oider to give me his views on things in
general and on myseU in particular. As we were
driving away, he pointed with his whip to the court-
house, saying, "" That's a terrible hard man inside."

*' I believe he is a man with an indifferent reputa-
tion." I answered mildly.

"You may well say so," he replied. The man
could appreciate scenery, and took me for a beautiful
drive, at the end of which I handed him his fare with
a substantial pourboire. Looking at the coin and
then at me, he expressed his thanks by saying,
' ' Well, after aU, the divil isn't as black as he's
painted."

CHAPTER VIII

THE MAAM8TBA8KA MASSAOBB—TBUL OF THB JOTGB8

In August, 1882, the ghastly and blood-cujxUing
Maamstiasna massacre took place. This nocturnal
muider of a defenceless family is unparalleled in
bhuman ferocity in the gloomy annals of agiamn
Clime. The scene of the muidei was Maamstrasna,
that wild region in Oonnemara] known as the
Joyce-country, where nearly aU the peasants bear
the name of Joyce. In that lonely and remote
district, at the foot of a mountain, the cottage of
John Joyce was situated. Joyce, an industrious
man, was erroneously supposed to have given some
information with reference to the murder of two
bailifis named Huddy, who had been in the employ-
ment of Lord Ardilaun. These men had been
murdered, and their bodies, tied up in sacks, had
been thrown into Lough Uask.

Joyce and his family were attacked about one
o'clock when in bed. He was shot, and his son
Michael mortally wounded, a bullet having pierced
his stomach.

In November following the murder, before Mr.
Justice Barry, Patrick Joyce, Patrick Joyce (John),
Thomas Joyce (Pat), Michael Casey, Thomas Casey,

TRIAL OF THE JOYCES 47

Patrick Casey, John Casey, Martin Joyce, Myles
Joyce, and Anthony Philbin weie anaigned on
an indictment charging them with the murder
of John Joyce, Bfiohael Joyce, Bridget Joyce,
Margaret Joyce, senior, and Margaret Joyce, junior.
As the prisoners spoke Irish only, there was an
interpreter in court. For the most part they
looked respectable enough, but Myles Joyce had a
singularly unpleasant countenance. They were
tried separately, and pleaded not guilty. Patrick
Joyce was first placed in the dock, but the
trial was postponed until Monday, as Philbin and
Thomas Casey became informers. Nearly everybody
inv(dved in the case seemed to be named Joyce. The
most important Crown witness was one Anthony
Joyce, who told the jury that on the night of the
murder he was awakened by the barking of a dog.
He went to the window, and, looking out, saw men
coming along the road. The witness said tl»t he
thought there was ''bad work^' on hand, and,
thinking that the men intended to attack his brother's
house, he slipped out, and concealed himself behind
a wall in advance of the men. When six of them
had passed him, he ran by a short cut through the
fields to his brother's house, and awakened his brother
and his brother's son. Unperceived, they watched
the six men. At a place called Derrypark the six
were joined by four others, who came out of Michael
Casey's houses The three men watching saw the ten
men take the road to Maamsttasna, but, after a while,

48 REMINISCENCES OF LORD O'BRIEN

in Older to avoid observation, they tooik a circuitous
route through a bog to the cabin of John Joyce, while
the three watohers hurried on by the direct road, and,
when they had reached John Joyce's cottage, lay
down concealing themselves in some bushes. After
a few minutes the terrified men in ambush heard the
door of John Joyce's cottage being taken off ite
hinges, and then they heard shots and screams, after
which all was silence, the silence of death. Horror-
stricken, the listeners fled homewards, fearing that
they, too, might be done to death. Patrick Joyce,
whom I examined, identified nine of the prisoners;
Anthony Philbin, the approver, corroborated the
evidence of Anthony and Patrick Joyce. He said he
had seen a revolver with the prisoner that night, and
that the accused had helped to break hi the door of
Joyce's cottage.

Thomas Casey, the other approver, corroborated
Philbin's evidence. The little boy, Patrick Joyce, the
sole survivor of the unfortunate family, was produced
to give evidence. He was so ignorant that he did
not know the nature of an oath, and could not be
examined. The scars on his head were pointed out
to the jury, who, after an absence of eight minutes,
returned to court with a verdict of guilty. The
prisoner heard the verdict unmoved, but Judge
Barry, who had the kindest of hearts, wept when he
sentenced him to death. The next prisoner tried was
Patrick Casey, who was also found guilty. The thiid
prisoner, Myles Joyce, was tried for the murder of the

TRIAL OF THE JOYCES 49

gid, Mfu^aiet Joyoe, on wbom tbe most revolting
cruelty had been practised. He was a cousin of the
murdeied man — a fact which made the crime even
more appalling. The prisoner tried to establish an alibi,
but completely &]led; he was found guilly and also
sentenced to death. The other prisoners pleaded guilty
and received a similar sentence, but were afterwards
reprieved, and the death sentences commuted to
penal servitude for life. Undoubtedly these men
belonged to some secret society the object of which
was the assassination of aU peofrite whom they con-
sidered obnoxious.

Two men named Nee and Eelly, supposed to be
the instigators of the crime, escaped, and were pro-
bably in hiding on the shores of Lough Mask, whence
they must have fled the country.

During the trial of Myles Joyce, my brief in the
case was abstracted from my brief-bag, and was
missing for three years. To the brief were attached
some names from the jury panel, and in the mar-
ginal note was the letter C, which indicated that the
Crown would exercise its prerogative to challenge.

In 1885, during the debate in the House known as

the Maamstrasna debate, my brief, the letter C on

which was represented as meaning Catholic, was

produced by one of the Nationalist members of

Parliament, in order to support the statement that I

had endeavoured to prevent Catholics from serving

on juries. My object was not to exclude Catholics

or Protestants from the jury, but to get men thereon

50 REMINISCENCES OP LORD O^BRIEN

who would do their duty fearlessly. Daring this
debate, when the good faith of Irish Judges and
juries was impeached, Six ^T^lliam Haicouit called
attention to the fact that, on the trial of the first of
the Maamstiasna prisoners, theie weie five Catholics
on the juiy. He also quoted the following eztiact
from United Ireland :

** On the trial of the first prisoner we may venture
for once to point out that there were at least five
Catholics on the jury, and we believe the Catholic
jurors did their duty no less fearlessly, and their
verdict will be approved and scrupulously respected."

CHAPTER IX

THB IRISH INVINGIBLSS — THB PHCBNIX PABK MUEDBBS

That terrible secret organization known as the Irisli
Invincible Society was established in Dublin in the
early eighties. Evolved from Feniamsm, this society
had for its object the murder, or ** removal '' (as the
Invincibles expressed it), of those who had incurred
its displeasure. The form of conspiracy advocated
by this society was the lowest ever known in Ireland,
or, perhaps, in any other country. The Fenians of
'98 and 1803 aimed at the overthrow of English
rule in Ireland by rebellion and bloodshed; the
Invincibles relied upon the knife of the assassin to
accomplish their ends. This recrudescence of Fen-
ianism was responsible for a series of street murders.
In February, 1881, a Fenian named Bailey was shot
in a laneway, because he was suspected of having
given information to the poUce. A large reward was
offered for information which would lead to the con-
viction of the murderer, but every effort to find him
was unavailing. Shortly afterwards another Fenian,
named Kenny, was also shot in the street. Judge
Lawson was on his way to the Eildare Street Club

one evening when an attempt was made to assassi-

62 REMINISeENCES OP LORD O'BRIEN

nate him, and Detective Cos was fixed at and wounded
while watching the movements of a gang of Invin*
cibles. Mr. Field, who had acted as the foreman of
a juiy in the case of a man named Walsh, who
had been convicted for the murder of a constable, was
set upon by four armed men, jostled against a
railing, and stabbed. Badly wounded, he fell to the
ground, and was stabbed again several times. It was
only by feigning death that he saved his life. The
Invincibles Curley and Carey were arrested on sus-
picion after the Phoenix Park murders, but were
released in a short time, as it was impossible to
bring their guilt home to them, owing to lack of
evidence.

The Invincibles had over and over again planned
tlie assassination of Mr. W. E. Forster, then Chief
Secretary for Ireland, but some strange intervention
of Ptovidence frustrated their designs.

I think it was on the Wednesday before the Phoenix
Park murders that Mr. Foxster finally quitted Ireland.
On the evening of the same day, 8ir Edward Carson
(then Mr. Carson) and I went to Westland Bow to
wish Mr. Forster good-bye. We heard at the station
that he had gone to Eiog^town earlier in the day,
and would dine there before going on board. little
did we know that there were fifteen Invincibles on
the platform at the time waiting to stab the Chief
Secretary I It was not until the trial of the Invin-
cibles that we realized how narrowly he had escaped
death that evening at Westland Row. Carey, the

THE PHCBNIX PARE MUBDEBS 53

infonner^ said at tiiat tarial that fifteen mem-
beis of the society weie waiting at the station
with the intention of assassinating Mr. Foister as he
enteied the tiain.

That neyer-to-be-foigotten tiagedy of the 6th May »
1882, when Lord Frederick CSavendish and Mr. Burke
were stabbed to death, took place aboat seven o'clock
on a lovely evening in the Park. The bodies of both
victims, when discovered very shortly after the
mnider, were much mutilated. The wounds were
caused by some sharp-edged instruments. Immedi-
ately after the murder, a car, upon which were five
peisons, was seen going at a desperate pace in the direc-
tion of one of the Park gates knovm as the Cihapelizod
gate. It was early in January, 1883, that twenty-one
Invincibles were arrested, and a few days later Bobert
Farrell, who had been a Fenian, gave information to
the police which resulted in the committal for trial of
the following persons on the charge of murder:
Joseph Brady, Daniel Curley , Timothy Kelly, Michael
Fagan, Edward McOafirey, James Mullett, Joseph
Mullett, Patrick Delaney, Daniel Delaney, George
Smith, James Fitzharris, Thomas Martin, Peter Carey,
Edward O'Brien, Peter Doyle, Joseph Hanlon,
Laurence Hanlon, William Moroney, Thomas Cafirey,
Patrick Whelan, and Henry Bowles, who died in
prison shortly after his arrest.

On the 11th of April, Joe Brady was the first of
the Invincibles indicted for the murder of Mr.
Burke. Judge O'Brien presided. The Crown counsel

54 REMINISCENCES OF LORD O'BRIEN

were the Attomey-Geneial, Mr. Andrew Porter,*
John Naish^t J&nies Murphy, and myself.

The court-house represented a remarkable scene
during these trials. The prison van was guarded
by cavalry escort, as it was feared that some attempt
might be made to rescue the prisoners. The Judge
went to court accompanied by detectives armed with
revolvers, and the Crown counsel were also under
protection.

Dr. Webb, Q.C., Denis B. Sullivan, and Richard
Adams defended Brady, who was one of the inner
circle of the Invincibles — that is to say, he belonged
to what was known among his confederates as the
assassination club.

Much interest was taken in Carey, the informer, who
gave his evidence in a cool, collected, and nonchalant
manner. He was a well-dressed man of respectable
appearance, with a sinister expression of countenance.
I am perfectly convinced he could have given more
information had he chosen. I remember Carey
turning to Dr. Webb, who was subjecting him to a
severe cross-examination, and saying, *' I am only
answering what they ask me; I know a great deal
more. I am more friendly to you. Dr. Webb, than
you think; bear that in mind."

The prisoner presented a different appearance
from Carey. Brady was a great, strong, determined-
looking young man. On the morning of the trial he
leant over the dock as if to assault Carey, who gave

* Afterwards Sir Andrew Porter. f Then Solicitor-Qeneral.

THE PHCEanX PABK MURDERS 55

his evidence as if he weie talking ovei the most
oidinaiy events. He stated that he had himself
pointed out Mr. Burke to the prisoner, saying,
''Mind it is the man in grey/' before giving the
signal for assassination. Carey was the paymaster
of the Irish Invincibles, and had formerly belonged
to the Fenian Brotherhood. In his evidence he said
that, after the murders, Brady told him that he had
followed Mr. Burke, put his hand on his shoulder, and
stabbed him; and that Lord Frederick Cavendish
(whom Brady did not know) struck him with an
umbrella, and called him a ruffian, at which Brady
said: " I got annoyed, and, following him out into
the road, settled him there. When I looked round
I saw Tim Kelly near Mr. Burke, whereupon I went
over to where Kelly had left Mr. Burke, and cut his
throat, wiping my knife in the grass.'' Carey said
seven men were assigned to what he called "the
work," but that it was Brady and KeUy who actually
committed the deed.

In all my experience as an advocate, I never heard
of a murder so callously and coolly executed. A few
minutes before its occurrence Carey had been an in-
terested spectator of a polo match on the Nine Acres,
and had remarked that it was '' the first time he had
seen the game, which was a right good one."

Smith, one of the Invincibles, worked at the Castle,
and was familiar with the appearance of Mr. Burke.
He was decoyed into joining the society in order that
he might point him out to the assassins, who did not

56 REMINISCENCES OP LORD .O'BRIEN

even know him by si^t. Smith declazed that he
was 80 ov^eioome with horror and fright at the work
assigned to him that he '' shook like a sheet in the
wiild." He knew well that, were he to object to
cany out the orders of the Invincibles, he would
forfeit his own life. Indeed, the Invincibles, before
the Park trial, had decided to do away with Kava-
nagh, the car-driver, and Smith, whom they had used
as tools. Carey stated the objects of the society
were, in the first place, to make history, and, in the
next place, to remove all the principal tyrants in
the country. He told the jury how the Invincible
Society came to be established in Dublin by a man
who went by the name of Walsh. The men selected
for the society were sworn on a knife. Walsh, having
enrolled Carey, James MuUett, Curley, and McCaffrey,
informed them that the names put upon the removal
list by the society in London were those of Mr.
Foister and Lord Cowper, to which Mr. Burke's name
was added afterwards. On this occasion Walsh gave
Carey fifty sovereigns* Carey stated that Walsh in-
troduced him to a man named Sheridan, who was
disguised as a pri^. With this individual Carey
arranged that weapons should be brought over to
Ireland for the purpose of assassination. Shortly
afterwards, a woman, supposed to be Mrs. Frank
Byrne, wife of the secretary of the Land League in
London, brought Carey a consignment of weapons.
Carey further stated that a mysterious person, whose
name he had never discovered, but whom he knew by

THE PHOanX PARK MURDERS 67

the name of No. 1, uaed frequently to call on him and
give him Bums of money. This man was a Fenian
named Tynan. These organizers of the Invincible
Society were of a better station in life than their tools,
and were in command of money. Before the Phoenix
Park trials, Tynan, Sh^dan, and the man Walsh,
escaped to the United States. Those of the Invin-
cibles, kpown as the inner circle, were accustomed
to hold courts martial upon anyone suspected of giving
information. I examined Michael Eavanagh, the
car-driver, one of the four approvers who gave evi-
dence in Brady's trial. He stated that, terrified and
trembling all over, he drove Kelly and Brady from
the scene of the murder at racing speed.

One could not help feeling sorry for dupes like
Smith and Eavanagh, who were deceived and misled,
and who acted at the dictates of ruffians such as Carey
and Tynan, who, when the game was up, either in-
formed or sought refuge in America.

If any Invincible was told to be at a particular
place, there he had to be> and it was often only before
the occasion arose that he was told what he was to
do. Sometimes a man's courage would fail at the last
moment, as in the case of Patrick Delaney. He had
been told o£E to assassinate Judge Lawson, and, feel-*
ing he could not do so, touched one of the Judge's
detectives, and having thus called attention to him-
self, was arrested, pistol in l^nd. The result of
Brady's trial was a foregone conclusion. Both ap-
provers, Smith and Eavanagh, swore that Brady was

58 REMINISCENCES OF LORD O^BRIEN

present in the Park at the tune of the murder, Eava-
nagh having been an eyewitness of the deed. A Park
ranger and several other witnesses identified the
prisoner as one of the men whom they had seen at
the Park when the murder was committed. A young
girl was the principal witness for the defence. She
swore to having gone for a walk with Brady on the
night of the 6th. On cross-examination it transpired
that she was a personal friend of the prisoner, and
was evidently keeping company with him.

Brady was found guilty (as Judge O'Brien said,
before passing sentence of death), *' upon cumulative
and overwhelming evidence: evidence such as to pre-
clude any intelligent person from entertaining any
doubt of his guilt."

Daniel Curley was the second of the Invincibles
tried, and the evidence was practically the same as
in the case of Brady. All the informers were ex-
amined, Peter Carey, the brother of James Carey,
being added to their number. Evidence was given
to show that the prisoner had been in charge of the
arrangements for the assassination of Mr. Burke and
Lord Frederick Cavendish on the 6th of May. It
was, of course, necessary to satisfy the jury that
Curley had been actually seen in the Park on the day
of the murder, and a servant-girl who had at one
time been in service at the Chief Secretary's Lodge
identified Curley. She stated that she saw " the
scuffle '' taking place in the Park, and that while she
was feeling terrified, Curley had come towards her,

THE PHCENIX PAEK MURDERS 59

and that his face was for ever stamped on her memory.
True, she had seen it for only a second, but what a
haunting and abiding memory it must have been —
the face of a murderer on the scene of a murder!
Curley, before sentence of death was passed upon
him, made a long speech in which he asserted his
innocence, and denounced informers, though it was
known to the Crown counsel that he had offered to
turn Queen's evidence. Carey had, however, fore-
stalled him by an hour's time. '' I was an hour before
you, Dan," Carey had said to the prisoner at the
magisterial investigation, meaning thereby that he
had been the first to offer information.

The jury having disagreed twice in the case of
Tim Kelly, the third Invincible, Michael Fagan, was
put on trial. In his case a dramatic incident occurred .
Two witnesses, a Mrs. McMahon and her married
daughter (a Mrs. Forester, the wife of a journalist),
came forward to prove an alibi for the defence. Mrs.
McMahon, an elderly woman of nice appearance,
said that she had come from Liverpool at great ex-
pense and inconvenience, solely in order that justice
might be done to the prisoners. Mrs. McMahon
stated that Fagan had been with her and her daughter
at about a quarter past seven o'clock on the night
of the murder. When adroitly cross-examined by
the Attorney-General, she said that she did not
know her son-in-law Forester's address. On cross-ex-
amination it transpired that her son-in-law had left
Dublin at the time of the arrest in connection with

60 BEIONISCENCES OF LORD O'BRIEN

the Pack mnideis, and that she herself and her
daughter had also left Dublin shortly before the tiial«
On being asked if her son-in^aw took a considerable
interest in Irish politics, she briefly replied, "" I don't
know." The Attorney-General, however, pressed the
question: "' Come, madam," he said; '' was Forester
a Fenian centre here in Dublin — ^perfectly well-iknown
on the directorate of the Fenian orgaMzation ?"
The good lady, affecting an air of complete innocence,
answered the question by putting another:
" How can I tell V she asked.
Judge O'Brien bade her answer " Yes " or " No."
She then said: ** I know nothing."
When she was asked how she came to make the
prisoner's acquaintance, she said she knew him through
his coming to see her son-in-law, and she admitted
that he had been coming to see Forester for a con-
siderable time. She was then asked how Forester
came to be acquainted with Fagan, to which question
she replied by saying that she could not tell. The
Attorney-General once more pressed her for her son-
in-law's address, of which she again pleaded ignorance.
'' Are you on bad terms witii him, then, that you
don't know his address ?" she was asked.
" No, sir," she replied.
'^ Did you ever hear of his being arrested ?"
The witness admitted that she had.
'' Where ?" she was asked.
" In Liverpool."
'' When ?" asked the Attorney-General.

THE PH(ENIX PABE MURDERS 61

Many yean ago, befoie he met my daughterJ

Was he ever anested in this city i

No, I never heard of it.^

Used he to carry a revolver V

No, sir; I never saw oneJ
It was at this jtinoinre that the drcunatio inradent
took place. A constable was directed to stand for-
ward, and the Attomey-Oeneral, pmnting to him,
said: '^ Supposing it was deposed by that man that he
arrested him in Oamden Street with a six-chambered
revolver in his pocket — ^would that be accurate ?"

On farther cross-examination, it transited that
the very respectable-lookii^ Mrs. McMahon was
herself arrested in company with her husband at the
house of Joseph MuHett, on the day that the latter
was arrested for having attempted the assassination
of Bfr. Field. The McMahons were released next
day, and the lady's hnsband left Ireland for ewt.
Hef son-inrlaw was also a fugitive from justice, so
that her evidence had a most damaging effect on ^e
prisoner's case, and showed clearly that he belcmged
to the Fenian Brotherhood. He was sentenced to
death.

KeUy was the last prisoner who expiated his crime
on Ikhe scafEold. Though barely twenty years of «ge,
he was one of the most desperate of the Invincibles,
and was one of the men who had been acti^aUy e»*
gc^ed in the attack on Mr. Field. I was told thai
KeUy had gone to a well-known photograf^r's to
buy the photegca]^ oi the CSrown Fkoeecuton, James

62 REMINISCENCES OF LORD O'BRIEN

Murphy and myself. He wished to possess them in
oidei that he might identify us foi the purpose of
assassination. Luckily the photographer refused to
sell or show him the photographs. In those days
one went about with one's life in one's hands. Judge
O'Brien was supposed to be a doomed man, and four
detectives kept constant watch over him. I, too,
was under police protection for a considerable time.

At the first and second trial of EeUy there was
some difficulty in identifying him as having been one
of the Invincibles in the Park on the evening of the
6th of May, but at the third trial his guilt was clearly
established. An Invincible named Hanlon, who was
examined for the first time, swore he had seen the
prisoner on the scene of the murder, and Eavanagh,
the car-driver, deposed to having driven him from
it. Counsel for the defence impeached Eavanagh's
testimony on the ground that it was not reliable,
owing to his having taken drink that day. Carey
swore that Eelly was there; and Huxley, a gardener
in the service of the Guinness family at Farmleigh,
stated that he had seen Eelly get ofE Eavanagh's car.

The Invincibles Cafibey and Delaney pleaded guilty
to the charge of murder, and were sentenced to death.
Delaney's sentence was commuted to penal servitude
for life. Fitzharris, a cab-driver, who drove Smith
and Carey to the Park on the night of the murders,
was indicted for having aided and abetted the mur-
derers of Lord Frederick Cavendish and Mr. Burke,
and was sentenced to lifelong imprisonment.

THE PHCENIX PARK MURDERS 63

Laurence Hanlon and Joseph Mullett, tried for the
attempted assassination of Mr. Field, were sentenced
to penal servitude for life. Mr. Field received no less
than six wounds. Joe Brady, under sentence of death
at Eilmainham Prison, had over and over again struck
at him. The remaining Invincibles pleaded guilty
of having unlawfully conspired to murder certain
public officers of Her Majesty's Government, and were
sentenced to various periods of imprisonment. The
Government, fearing for Carey's safety, sent him to
South Africa, but, ere he reached Cape Town, he
was shot by Francis O'Donnell, a Fenian.

CHAPTER X

JUDOB o'BBIBN. (by THS SDITOB)

When I was a small cbild I Temember my father
stopping in the street to speak to a tall, thin man,
shadowed by numerous detectives.

''Shake hands with Judge O'Brien, child/' said
my father, as I hung back shyly.

^'BanjouTf Mademoisdle, honjow. J^esfbre que
V0U8 aUez bien, MademoiseUe!^* exclaimed the Judge.

Such was my first introduction to the Judge who
tried the Invincibles, and who was a very remarkable
person in many ways. I was much surprised at his
addressing me in French, which was spoken in the
musical accents of the South of Ireland, but was
afterwards told that it was a mark of approval on
his part, as he was very fond of French and the
French people. His voice had a strange rolling
intonation, which reminded me of the deep-swelling
notes of an organ, played in some vast cathedral,
or of waves booming against the cUffs. It was
impossible for anyone who had once heaid him
speak ever to forget his voice. His long, lean, in-
telligent face was lighted by the eyes of an ascetic.
An extremely devout Catholic, he might be seen
every morning at an early hour walking to Westland

JUDGE O'BRIEN 65

Row Chuich, with detectives in front of him and
detectives behind him. Oddly enough, the Invin-
cibles Biady and Caiey, who masked their evil doings
by professing extrome piety, attended the same churoh
as did JudgQ O'Brien. I have heard that Brady
actually took the o£Eertory at the churoh door, so that
in all probability Judge and criminal wero known to
each other by sight beforo the Phoenix Park trial.

Judge O'Brien lived in the most frugal manner,
although the owner of a very fine house, and a most
marvellous collection of Dresden china. He pos-
sessed many valuable books, and some very beautiful
illuminated missals. He was frequently to be seen
prowling round second-hand book-shops on the
look-out for raro editions, the detectives waiting
patiently while he made his purohases. He gave
very large sums for raro books, which he left to
the Jesuits. Judge O'Brien was rather careless
about dress, his usual garb being a shabby snufi-
coloured suit. The following story is told about him.
On one occasion, when he was to open the Assises,
the Sherifi's carriage was, according to custom, wait-
ing at the station with the usual escort of soldiers.
On alighting from the train, the Judge stepped into
the carriage, and the door was closed. Just as the
escort was about to move ofE he espied his bag, which
contained important papers, on the platform, his
crier having forgotten it. Silently, and in great
haste, he scrambled out of the carriage, unobserved,
with the view of getting the bag. When he turned

66 REMINISCENCES OF LORD O'BRIEN

to re-enter the carriage, lo and behold ! the escort
of soldiers had trotted o£E at either side of the empty
vehicle, and the judge was left standing, bag in hand,
at the station, unrecognized. The escort and carriage
reached the court-house, the door was thrown open,
the soldiers saluted, -but no Judge alighted. The
Sheriff stood hatless and bewildered, when, all at
once, fei sorry-lo<^ng fly appeaired on the scene, from
whiiih' the Judge emergedbreathless, with^bag in hand.
Though it was predicted that Judge O'Brien would
never die in his bed, he lived 'to old age. He
never married, and was supposed to be a misogynist,
but was ve^ fond of young people. My sister
and I, when children, were often invited to 'his
house, where he made us very happy by permitting
us to inspect his collection of Dresden china shep-
h^rSs and shepheidesses and his beautiful rm^h.

CHAPTER XI

BABL 0nHrcs&--fliB vMDwma vuhtaat

In the bad times a familiar figure to be seen in the
streets of Dublin was that of the Viceroy, Lord Spencer,
riding in the centre of an armed escort of Lancers,
whose flashing swords plainly testified their readiness
in case df emergency. Lord Spencer was supposed
to be in constant peril of death at the hands of
assassins. His life while in Ireland must have been
little short of martyrdom ; he could not move without
a body of armed men. Daily the Nationalist Press
poured the most virulent abuse upon him. When
reading these attacks one wondered whether the lan-
guage of vituperation had not been exhausted, and
yet, when he declared himself in favour of Home Rule,
those who had abused him most were readiest with ful-
some adulation, or, as Mr. William O'Brien put it,
** were the 'first to black his boots."

Xord Spencer had many of the qualities which
appeal to the Irish people. TEe was courageous and
dignified, and there was something of the grand
seigneur about him; but what appealed to them
most was his love of sport. He was a most fearless
rider to hounds, and one day, when riding with

the Waterford "Hounds, ''took a great toss,"

68 REMINISCENCES OF LORD O'BRIEN

as we say in Iieland. The meet was at Curragh-
more. The countiy people had all turned out '' to
view the Loid Liftenant." The Wateifoid people
weie justly pioud of the piowess of the Beresfoids in
the saddle, and were a little alarmed lest they might
be cut down riding, inasmuch as it was known that
Lord Spencer was '' a terrible hard man to hounds."
The hounds in full cry came to a huge stone wall,
nearly five feet in height; most of the hunt turned
away, but not so Lord Spencer, who, without a mo-
ment's hesitation, rode at the wall in the stifiest
place, with the result that he came a cropper. At
the same moment the voice of a country yokel was
heard calling out: " Lord Marcus, Lord Charles, for
the love of God, ride like the divil — ^the Lord Lif-
tenant is stretched !"

When Lord Spencer in 1885 declared himself a
Home Ruler, it was indeed a bolt from the blue, and
great was the surprise of Ireland. I was told that
he went to see Mr. Gladstone to tell him of his
determined opposition to the Home Rule Bill. During
the interview Mr. Gladstone used all his eloquence
and persuasive powers, and after two hours succeeded
in talking "" over " Lord Spencer. When Mr. Glad-
stone became a Home Ruler, I was obliged conscien-
tiously to sever my connection with the Liberal party,
like so many other Unionists, after which I saw
very little of Lord Spencer. The last time I met
him was at Homburg. He was then in failing health,
and was at Nauheim for heart treatment, whence

SIR REDVERS BULLER 69

he had come to spend an afternoon at Homburg. He
was much changed, and the once red beard had tamed
white. He recognized me first, and we were, I think,
mutually glad to meet again, for, though our political
views had widely diverged, we had both been through
the bad times in Ireland. We talked about the old
and troubled days, but carefully eschewed politics.
Next day we met again at lunch at Frankfort; we
were both the guests of Lady Oppenheimer. Some-
one began talking about politics, and Lord Spencer
made a statement which I contradicted. He did not
easily brook contradiction, and grew rather heated.
Next day, when I had forgotten all about the matter,
I received a letter from him saying that '' if, in the
heat of the moment, he made any observation which
might have seemed rude, he was very sorry." We
met again in a day or two, and had a friendly talk,
but politics were banned. When I was created a
peer, one of the first letters of congratulation which
I received was from Lord Spencer.

In 1884 Sir Redvers Buller was appointed Under-
Secretary for Ireland. I had met him before in the
south, when he was sent to inquire into the condition
of the Irish tenantry.

I saw a great deal of Sir Redvers when he was in
Ireland. I always liked him, and never doubted his
courage or ability, though sometimes I questioned his
sagacity. Under a grufi exterior he possessed the
warmest and kindest of hearts. Everybody who had
dealings with him in Ireland liked him immensely,

70 REMINISCENOES OF LORD O'BRIEN

and Lady Audiey Buller channed ua all. I lemember
oa one occaeion, however, feeling lather annoyed with
Sir Redveis. We were real friends, and, aa we both
held office at the same time, frequently saw each other
at the Castle. One day I asked him for a small
appointment for a friend of mine, who was in every
way qualified for the position. Buller listened to my
recommendation in a veiy surly manner, barely
anawerbgme. I felt vexed and annoyed mth him.
A few days later I met my friend, and said: *' Well,
I sppjce to Buller about you; it is the last time I will
ever request him to do anything for me." ""But,
surely, you heard that I received the appointment the
very day after you had spoken to him ?'' said my
friend. This was an instance of BuUer's grufE manner
and kind heart.

CHAPTER XII

MIL ▲• J. BALVOUBr-^THX 1CIT0HBI4SITOWII. RIOT0— T«(AL Of
MB. WILLIAM o'BBIBN — A BOGUS MBSSAOB — THB PABNSLL
COMMISSION

Is 1887 1 was appointed Solicitor-Gtei^eial for Ireland,

the same year that Mr. Arthur Ballour. became Chief

Secretary. When one looks back at the attitude

adopted by the National Press mih regardi to his

appointment, one cannot fail to be amused at the

ignorance displayed in ita columns as to the character

of the new Chief Secretary. It was asserted that he

was '" a. lackadaisical dilettante/' whose relationship

to I#ord Salisbury was mainly responsible fni his having

secured the appointment. It is noMh universally

acceded that he was the most successful Chief Secre-

taiy Ireland has ever had. In him I fpund.i^. fearless

chief. In holding office under him one felt that his

policy was consistent, and that he was willing to share

casponsibility, and to stick to his colleagues. He

was not to be intimidated by abuse nor by the aalpng

ol questions in the House. Shortly after his appQint-

ment to the Chief Secretaryship in that memorable

debate in the House of Commons known as the

Mitchelstown debate, he gave evidence of that firm-

72 REMINISCENCES OF LORD O'BRIEN

ness and grit which conduced so much to his
poUtical success in Ireland. A pubUc inquiiy into
the conduct of the police with regaid to the riots at
MitcheLstown was demanded. On the 9th of Sep-
tember, 1887, an enormous Nationalist meeting was
held at Mitchelstown, County Cork, where the trial
of Mr. William O'Brien was to take place. The police,
having endeavoured to force a way from the out-
skirts of the crowd for a Government reporter, were
assailed with stones, sticks, and any other missiles at
hand, by an infuriated mob. The poUce, being in the
an^4. -itMxow t„ their ,» JTc. shortltano.
away), followed by the crowd, intent on attacking the
barracks. A constable was badly hurt, but it was
not until the barrack was attacked, and the door was
broken, that the poUce fired. One man was shot,
and two were wounded. The moment the news of
the fray reached Dublin the conduct of the poHce was
a subject of inquiry at the Castle. I was kept busy
looking into the matter. The Chief Secretary and
the Attorney-General were in London, and, as it was
necessary for them to have material for the discussion
of the question when it came before the House, I had
the direction and advising of things in Ireland, and
had to inquire into matters in order to ascertain
whether the firing was justifiable or not. It was not
random firing caused by panic, but the dehbeiate
firing of men acting under orders from their officers,
who had instructed them to fire at that portion of

THE MITCHELSTOWN RIOTS 73

the mob which was attaddng the banacks. One
policeman who had received severe internal injuries
had to crawl alone to the barracks under a volley of
stones, and was only saved from immediate death
by the fire from the barracks.

When the Chief Secretary was questioned in the
House of Commons by the Radicals and Nationalists
with r^ard to the riots, he gave the leading facts,
and, while deploring the fatal issue, he completely
exonerated the police from all blame. Mr. Bal-
four informed the House of his determination to
uphold law and order in Ireland, despite attacks,
undeserved abuse, and unfair criticism. ''We
shall," he declared, ''pursue to the best of our
ability the poUcy founded upon justice, and which
in the long run must end in the conciliation
of the great community, with whom we desire
to live in peace and amity." These few words
outlined that policy which was so successfully
pursued.

On the 12th of September the inquest in connec-
tion with the Mitchelstown riots took place, and Mr.
William O'Brien was put on trial before a Crimes
Court.

Mr. Harrington cross-examined the police in a
most outrageous manner, with a view to bullying
them into making admissions. On the 11th of Sep-
tember Mr. William O'Brien was arrested and con-
veyed to Mitchelstown to be tried by resident magis-

74 REMINISCENCES OF LORD O'BRIEN

tiates. The counael for. the Attoroey-Greneial was
Edward Carson, while Mr. Haningtoii aoted for
Mr. O'Brien* After many stormy scenes and many
fireworks on the part of Mr. Harrington, he, at the
close of the trial, threw down his brief and left the
court. Mr. O'Brien was sentenced to three months'
imprisonment by Captain Eaton, B»M^, and Mr.
Stokes, R.M. Mr. O'Brien deferred his imprison-
ment by an appeal to another Court,

On the 2nd of October a letter from Mr. William
O'Brien under the heading *' A Revelation/' appeared
in the FreenwifCs Journal. In this letter Mr. O'Brien
said that on the last day of his trial he had
been informed that I had sent to Edward Carson
a telegram in cipher worded thus: "'O'Brien will
beat us. Harrington will be disbarred, at our next
meeting" — ^that was to say, at the next meeting
of the Benchers. Of course, I never sent or caused
any such message to be sent. By the 5th of October
the supposed telegram had grown in length; it now
contained the words: " Mistake goiqg on the first
evidence. O'Brien will beat us. Leahy no good."
(Leahy was a constable who gave evidence.) '' Keep
to the second case and that only. You are niajdng
a farce of. the afiair. Can't you keep quiet ? Send
on youx complaint against Harrington. The Benchers
at our next meeting will do the rest." I wrote to the
editor of the Freeman'a Journal with regard to the
bogus cipher message thus :

€t

Jl bogus message 76

From the SoUcUor-Oenerai to the Editor of the ' Free-

man^s Joumai.^

Sib,

I see in the Freeman's Journal of to-<lay a
letter headed * A Revelation/

There is not in that revelation one word of truth.

I remain, Sir,

Your obedient servant.

'^ xnere is noi

xuur ui

" Pbtbb O'Brien.

*'41« HxsBiON Squakb,

Monday, 3fd October, 1887."

The following letter appeared in the Freeman of
the same day :

Sib,

With reference to the telegram alleged in
to-day's issue of your newspaper to have been sent
to me by the Solicitor-General, I beg to state that I
never rec^ved any such telegiam, or any to a like
efiEect. I had no communioation by telegram or
letter or otherwise, direct or indirect, from the
Solicitor-General from the time I left Dublin to
conduct the Mitchelstown prosecutions until my
return.

The whole story is absolutely false.

Your obedient servant,

Sdwabd Cabson.

'« 80, Mbkuov Squibb,
" Sfd Oelobm, 1681."

76 REMINISCENCES OF LORD O'BRIEN

(The Freeman on the 4th of October seems to have
had its doubts about the matter, and called on Mr.
O'Brien to verify his charge.)

I was naturally desirous that Mr. William O'Brien
should produce the alleged cipher telegram, but that,
of course, was impossible, and one can only conclude
that he must have been deceived by some mendacious
Mormation.

It was intimated to me that if I so desired I could
hold a brief for The Times in the inquiry into Par-
nellism and crime. I went to London in connec-
tion with the case, and saw Dick Webster,*
but, not liking the lines on which the case was
being run, I came to the conclusion that I would
not take the brief.f Shortly afterwards, when
in London, I was talking to a friend who was on the
stafE of The Times newspaper.

^' What about Famellism and crime ? Have you
a strong case ?" I asked.

A very strong case," my friend repUed.
Have you evidence such as to establish the con-
nection between Famellism and crime ?" I further
inquired.

" We have important letters," he answered, and
he told me of the letters alleged to have been written
by Pamell.

* Afterwards Lord Alverstone.

t Though my father declined a brief in the Pamell Commis-
sion, I have heard him say that the inquiry did much valuable
work in *^ showing up " the manner in which agrarian crime was
manufactured in Ireland, and also in exposing its real instigators.
— BniTOB.

THE PAKNELL COMMISSION 77

'' Where were those letters piocuied ?" I asked. I
was moie than smpiised to heai that Pigott was the
purveyor. I warned my friend to be careful, and
told him that it had once been suggested to me in
some case to produce Pigott as a witness, and that I
refused to do so, saying I would not touch that man
with the end of a fishing-rod.

'' Ah, but our case is a very strong one," my friend
said, so I let the matter drop.

CHAPTER XIII

NEW6PAPBB ABtrSS— THB OHANNBL CB0S8INO

When I was Attorney-General and had to administer
the Crimes and Coercion Acts^ I had the distinction of
being the most abused man of Ireland. I was de-
nounced at political meetings, and in the daily papers
scurrilous attacks were madQ upon me, as weU as
upon the Chief Secretary (Mr. Balfour), and Edward
Carson, who devilled for me. Newspaper abuse
never yet intimidated anyone worth his salt, and, as
is the case with everything in Ireland, it has its comic
side, as the following story will prove. One day,
when I was in my room in Dublin Castle, the door
opened, and a Clare man, a tenant of my brother's,
thrust in his head.

""May I speak a word with your honour?" he
asked.

" To be sure, D ," I said. " Come in."

When I had shaken hands with him, I asked him
what he wanted, and he told me that he wished to
enlist my support for a relation of his who was can-
didate for some local appointment. I promised to
do what I could, and we had a talk about Clare and
old times.

When I wished him good-bye he thaoked me efEu-

THE CHANNEL CROSSING 79

sively, and, just befoie leaving the loom, turned
round and said :

"' There's to be a great meeting at the Cross Roads
on Sunday, and I am to tc^e the chair. Tou are to
be fiercely denounced, and I'll have to give you the
devil of a belting;" adding with the most comical
expression, *' You'll understand/'

*' Belt away, Tom," I said, as he took his departure.

As Attorney-General for Ireland, I had frequently
to visit the Irish office at Queen Street. This in-
volved frequent crossings to England, which were the
reverse of agreeable to me, for I am a most indifferent
sailor. On one of my return journeys to Ireland I
conversed on board the steamer with an American
full of bounce and swagger, and obviously 8u£Eering
from '' swelled head." In the course of conversation,
I spoke apprehensively of the misery of sea-sickness
and the coming crossing. He looked at me with
contempt as he said : '' Wal, I guess I have been across
the Atlantic forty times, and I don't know what sea-
sickness is. Sea-sickness on tfour bit of sea ? No,
not likely I"

'" Well, sir," I said, as I settled myself in my berth,
" if you wish to see an object of abject misery, look
in my direction in another half-hour 1" The passage
was, in nautical phraseology, decidedly choppy, but,
by some miracle, I escaped the dreaded sickness, and
happening to glance across to where my American
friend lay, saw, to my surprise, that he was indeed an
object of abject misery — the victim of the most

80 REMINISCENCES OF LORD O'BRIEN

humiliating sufferings-a ghost, as it were, by day-
light. Catcbing his eye, I was heartless enough to
give him a truly diabolical thrust. '' Sir," I said,
'^ our ' bit of sea ' seems to try you more sorely than
the Atlantic Ocean. What?" He did not reply,
but shot me a look of hate. I doubt that he ever
bragged of his sailorship again. Poor fellow 1 All
the starch had left him; he was, indeed, a rag 1

CHAPTER XIV

MB. WILFBSD BLUKT — ^BLUNT V* INSPBCfTOB BYBNX

Mt fiist appearance in court as Attomey-Oeneral
for Ireland was in the important action of Blunt v.
Inspector Byrne."^ This case was in connection with
the suppression of a meeting of the National League
at Woodford, County Gkilway, where evictions had
taken place on the Clanricarde estate. The object
of the meeting was to celebrate the anniversary of
the Plan of Campaign, and to denounce Lord Clanri-
carde. Woodford was the scene of numerous out-
rages, and some time before the proposed meeting a
process-server, who lived in the village, had been
brutally murdered.

In September a meeting was held at midnight at
Woodford. It had been proclaimed by the Lord-
lieutenant, and at the meeting the proclamation was
burnt by Mr. William O'Brien in the presence of
Mr. Wilfred Scawen Blunt, an eccentric Englishman,
who championed the Irish cause principally from

* I have heard my father aay that thia was the moat im*
portant action ever tried in Ireland, the real question being
whether the law or the Plan of Campaign was to be triumphant.
— Editob.

81 6

82 REMINISCENCES OF LORD O'BRIEN

motives of vanity and a love of notoriety. Thou^
digiessing, I cannot refrain from giving a short
account of his somewhat Pickwickian travels in
Ireland. He had been in the diplomatic service,
but being a crank and quarrelsome, was constantly
in conflict with the authorities. In Egypt he gave
endless trouble, and made himself unpopular with the
Government officials. His espousal of the Nationalist
cause was a surprise to most people, as he had no
connection whatsoever with Ireland, where he was
chiefly known as a breeder of Arab horses. Having
lived much in the East, he had adopted the Oriental
fashion of squatting on a carpet instead of sitting on a
chair, and was, according to himself, half a Moham*
medan in religion, though, when in Ireland, he assi*
duously cultivated those priests and Bishops who
were in sympathy with the Plan of Campaign. He
belonged to an old CSatholic family, and had brains
sufficient to render him intensely mischievous. He
had something of Don Quixote in his character, and
also something of Mr. Pickwick.

Mr. Blunt was to address a Nationalist meeting at
Woodford on Sunday, the 23rd of October. By a
proclamation, signed by Lord Londonderry and Mr.
Balfour, the meeting was prohibited, and aU persons
were warned to abstain from teking part in it.

Notwithstanding the proclamation, on the after-
noon of the 23rd, accompanied by Lady Anne Blunt,
Mr. Rowland, a member for some English consti-
tuency, and an EngUsh Protestant clergyman, Mr.

MB. WILFRED BLUNT 83

Blunt mounted the platfoim at Woodford, and opened
the pioceedings. Inspector Byrne infoimed him that
the meeting was illegal, and that it was his duty to
prevent it. Mr. Blunt replied that he intended to
hold it, and began to speak. The police then cleared
the platform.

In the scrimmage Mr. Blunt fell with the police
over the edge of the low platform. Pale, breathless,
and doubtless, in his own opinion, very heroic, he
rose to his feet and asked the police why they were

such d d cowards as not to arrest him. Mr. Blunt

and Mr. Boche, a poor-law guardian, were then
arrested and brought before the magistrate on the
charge of having resisted the police. Both were
offered bail on condition that they would make no
further attempt to hold the meeting there that
night. They refused, and were sent to Loughrea
prison. Next day Mr. Blunt was brought before two
magistrates. It was proved that he had resisted the
police, and he was sentenced to two months' im-
prisonment subject to appeal at Quarter Sessions.
He availed himself of the liberty to appeal, and was
released on bail. In January he had to surrender
himself to bail at Portumna County Court. Judge
Henn tried the case, and condemned him to imprison-
ment for two months.

An action for assault was filed in Mr. Blunt's name
against Inspector Byrne, the Divisional Magistmte
in charge of the police at Woodford. The trial beg^n
in the Court of Exchequer on the 11th of February,

84 REMINISCENCES OF LORD O'BRIEN

before Chief Baion Palles. Atkinson* was with me
in the case.

Though the action was in point of fonn a civil one
to recover damages for alleged assault, battery, and
&Ise imprisonment, it was, as a matter of fact, an
attack upon the executive, the real question being
the suppression of the Woodford meeting of the 23rd
of October. Sam Walker, who stated Mr. Blunt's
case, endeavoured to show that, though a member of
the English Home Rule Union, Mr. Blunt had no
connection with the National League. I cross-ex-
amined Mr. Blunt as to his connection with the Plan
of Campaign, and he was obUged to admit that he was
present at the midnight meeting at which the Queen's
Proclamation was burnt by Mr. William O'Brien.

Mr. Blunt's memory and eyesight were on occasions
conveniently defective. When cross-examined, he
seemed to remember so very little of what had taken
place that I suggested giving him a copy of the
Freema/rCs Jownai so that he might refresh his
memory by reading aloud the report of his own
speech. This, he said, was impossible, as imprison-
ment had so impaired his sight that he could not
read print I

I asked Mr. Blunt if he knew that the proclaimed
meeting was called in order to celebrate the anniver-
sary of the Plan of Campaign. He replied thus: ** I
heard something of it; I read about it in the news-
papers." He also said that he had gone to see Mr.

* Now Lord Atkinaon*

BLUNT t)5 BYRNE 85

John Boche about some evictions, and that the place
was bamcaded and boiling water was thrown on the
police, and that he knew there were other evictions
pending in the neighbourhood.''' I said that Wood-
ford was a ''black spot/' whereupon Mr. Blunt
replied that he considered it a very bright one on
account of the patriotism of its people.

"Burning the Queen's Proclamation made it
bright?" I said. ''Sending the Proclamation to
blazes, as O'Brien said he did, made it bright ?"

I asked Mr. Blunt if Mr. O'Brien said that he was
going to Woodford to tackle Lord Clanricarde, to
which he replied : " I cannot recollect." " Come now,
sir," I said; " did he not say that he was going to
Woodford to tackle a man of the same kidney as
Colonel O'Callaghan ?" "I do not recollect," he
replied. I then read from the FreemarCs Joumdl a
portion of Mr. Blunt's speech in which he referred to
Colonel O'Callaghan as a " tyrant," and a " rack-
renter," and asked Mr. Blunt was I to understand
that his sole object in calling the Woodfoid meeting
of the 23rd was to prevent crime ? To which he
replied, " Certainly," and that he had come to Ireland
to show his warm approval of Mr. William O'Brien's
conduct. After this I did not deem it necessary to
further cross-examine Mr. Blunt. Mr. John Atkin-
son,t in replying for the Crown, caused amusement

^ There had been eTictions at Bodyke, Colonel O'Callaghan's
property, where vitriol had been thrown on the police,
t Now Lord Atkinson.

86 RBMINISCBNCB8 OP LOBD O'BRIEN

in court by saying that Mr. Blunt had come to be the
counsellor. Mend, and protector of Mr. William
O'Brien, and they might as well talk of the ass pro*
tecting the lion. Atkinson read a little poem by
Mr. Blunt which lan somewhat as follows:

*' No life is perfect that has not been lived:
Youth in feeUng— Manhood in the battle —
Old age in meditation."

There was considerable amusement when Atkin-
son said that he greatly feared this line had been
plagiarized from the ideas of a philosophic friend of
his, Dalby O'Shaughnessy, who, in conversation with
him on the subject of the " Seven Ages/' had said :
** Shakespeare's idea was all nonsense; there are only
throe ages : the first period is when you are thinking
of all the divilment that you can do, then the period
when you aro doing it, and the third period when you
aro making your soul."

Atkinson admitted that Mr. Blunt had put it in a
moro rofined and chaste manner, but he contended
that the idea was Dalby O'Shaughnessy's.

The trial lasted for over a week. The Chief Baron,
in summing up, pronoxmced a severo condemnation
of the Plan of Campaign, but the juty disagreed.
When the tiial was over I heaid that Mr. Blunt said :
** I would have had a vetdict if it had not been for
' Peter the Packer,' " which romark I rogaided as a
compliment.

CHAPTER XV

MB. DILLOH AUI18TSD — fiOOUL UfB IK DUBLIN— VATHSfe
HSALT — OBIGXXT — ^MONSiaNOB PBBSICX)

In October, lb. Dillon, who had been tiaveDing
thionghout the ooontiy in company with Mr. Scawen
Blunt and Mr. William O'Brien,* making inflamma-

* Shortly after Mr. William O'Brien's imprisonment Mr. Hayes
Fisher stayed with ns. He was at that time priTate secretary
to Mr. Arthur Balfour. Mr. Fisher told us that one nighty after
the inmates of the Chief Secretary's Lodge had retired to bed,
he was awakened by a loud and insistent ringing at the hall door
bell. Wondering what on earth could be the matter, he rose,
and hastily slipping on a coat oyer his pyjamas, hurried down*
stairs. The knocking and ringing continued, and a loud voioe
requested admittance. Mr. Fisher concluded, not unnaturally,
that something of paramount importance had occurred which
required the Ohief Secretary's instant attention. Holding a bed-
room candlestick in his hand, he unbarred the door, and peered
into the darkness — a burly person stood before him, and said
he had come on behalf of the Corporation to inquire if it were
true that because Mr. William O'Brien had refused to wear prison
garb, his clothes had been removed, and that he had in conse-
quence cau^ a sevefD chill. Mr. BMier's reply was brevity
itself as he closed the door and returned to his room. The
Natiandl Pfeif next morning gave a most sensational account
ol an Interview alleged to have taken place between the Chief
Ssetetary himself and the Mansion House emissary. The paper
stated that, aftsf repeated knocking at the door of the Chief
Seorelary's Lodge, Mr. Balfour appeared wearing the coat of his
privy council suit over his pyjamas. The article went on to

88 REMINISCENCES OP LORD O^BRIEN

toiy speeches, was anested under the Crimes Act.
A question had been laised as to whether Mr. John
Dillon, who had the courage of his convictions, should
be prosecuted for his part in promoting the Plan of
Campaign, as it was feared that his arrest would lead
to further agrarian outrages. The case was sub-
mitted to me, and I gave as my opinion that it would
be a disgiace to the administration of the law to
prosecute the mere tools in these matters, and not to
prosecute the father and inciter of the Plan of Cam-
paign.

The troublous times of 1886 to 1889 did not affect
the social life of Dublin. Never was the Irish capital
gayer than when Lord Londonderry was Viceroy. He
and Lady Londonderry exercised a wide but dis-
criminating hospitality. Lord Londonderry's love of
sport endeared him to the Irish people. His resigna-
tion of the viceroyalty in 1889 was universally re-
gretted by everybody in Ireland. We were lucky in
having as his successor Lord Zetland, another sporting
Viceroy. Lady Zetland was kindness personified, and
soon made a complete conquest of all Irish hearts.
Dublin society was veiy pleasant in those days.

state that the Ghief Secretary had kept the Maoaion House
official waiting while he pinned on a decoration, whidi glistened
on his breast ! This account provided much amusement at the
Cihief Secretary's breakfast-table, inasmuch as in the darkness,
illuminated only by the light of Mr. Fisher's candle, the Mansion
House official had taken a hastily donned cdcket blazer, bearing
the arms of a cricket club worked upon it, for a privy council
coat and decoration. — ^Ebitob.

SOCIAL LIFE IN DUBLIN 89

Theie was a great deal of entertaimng, and Lord and
Lady Wolseley dispensed hospitality at tlie Boyal
Hospital on a large scale. The pleasures of these
entertainments were enhanced by the presence of many
witty guests; amongst others, Father Healy, and Dr.
Nedley, who acted as a sort of Boswell to the witty
Padre.

In my household Father Healy was a fersona grata,
and we were much attached to him. He came to
see us very often, and we noticed that, when I was
harassed or worried he was sure to come. I regarded
a visit from Father Healy in the light of a stimula-
ting tonic, which had the most cheering and inspiring
effect. As I write, I seem to see the dining-room
door of our Dublin house open, when we were seated
at luncheon, and Father Healy come into the room
unannounced, his round face all smiles, and the kindly
grey eyes twinkling. He used to fire ofi several bril-
liant sallies and leave us as suddenly as he had come,
but in the brief space of his visit our spirits would
undergo a change.

One day he told me, with no little pride, how he
had floored Mr. Gladstone. Father Healy was stay-
ing in a house where Mr. Gladstone was also a guest.
The Grand Old Man had tried to draw Father Healy
into a religious argument, but could not succeed.
I do not think that at any time of his life the Padre
desired to shine in theological controversy, neither
did he wish for an argumentative discourse with Mr.
Gladstone. The conversation had turned on the

90 REMINISCENCES OF LORD O'BRIEN

subjeot of dispeiiBatioiis. Somebody remarked that
some foreign royalty had bought a dispensation (and
named the stun which he had to pay), in older to
enable him to marry within the forbidden degne of
kindred. The bride-eleot was young and beautiful,
the brid^room many years her senior. *' Now, come ;
what do you say to that, Father Healy ?" asked Mr.
Gladstone. " I say that the fellow got the dispen--
sation a great deal too cheap/' said the ever-ready
Father Healy. On another occasion Father Healy
told me that he had met at Bray Station a young
lady — one of the Dublin belles — ^in a donkey-trap.
She was in a perfectly exhausted condition, and ex*
plained that her donkey, on the way to the station,
had taken fright and run away with her. *' Faith,
then, he is no ass," said Father Healy to the pretty
girl. Many of Father Healy's stories have become
** chestnuts," and lose much in the telling. In order
to appreciate them fully, one should hear the de*
licious brogue in which they were told, and see the
humorous twinkle in the Padre^s eye. As an old
friend of Father Healy, I can say that, through all
the long years of our friendship, I never once heard
him utter an unkind or uncharitable word of anyone.
During Lord Londonderry's reign we had some
exciting cricket matches between the Bar and the
Viceregal teams. One day, having gone to the Vice-
regal Lodge to see His Excellency about some matter,
I was told he was on the cricket ground. I found
him looking on at a match that the Viceregal team
were playing against some cricket club. *' You are

CRICKET 91

not a cricketer, Attorney ?" His Ex. said to me. I
said that was the case, and that we had some excellent
cricketers among the members of the Irish Bar.
'' But they could not beat the Viceregal team/' said
His Ex. '' I am not so sure about that," I replied.

I challenge you to a match." " Done ! " said I.

Wigs upon the green," murmured His Ex.

I was honorary captain of the Bar team. We had
some excellent matches and played the Zingari, giving
them a pretty hot time.

While the land agitation was at its height I met,
at the house of Sir Richard Martin,* Monsignor
Persico, the Papal Envoy sent from the Vatican
to inquire into the agrarian agitation in Ireland,
Monsignor Persico was a courteous and afiEable
diplomatist, who fully understood the value of
silence. He listened with interest to what he was
told about boycotting and the Plan of Campaign,
and was besieged by Unionists, Nationalists, and
ecclesiastics, all anxious to impress their views upon
him. To aU alike he presented an inscrutable,
enigmatical countenance. It was impossible to glean
any information as to his own views — ^in fact, it
would have been easier to read the expression on
the face of the Egyptian Sphinx than on the face
of the Papal Envoy. When the Pope eventually
issued the Papal Rescript condemning the Plan of
Campaign, the secret of Papal condemnation was so
clearly guarded that it came as a thunderbolt upon
the priests and Nationalists of Ireland.

* A wealthy and influential Catholic.

CHAPTER XVI

THB GWBSDOBB TRIAL

Onb of the last cases in which, as Attomey-Geneial,

I prosecuted was the Gweedoie tiial in October, 1888.

Shortly after its termination I was elevated to the

Bench* Though the Gweedore case presented many

difficulties, it was brought, I am happy to say, to a

most successful issue. The Rev. James McFadden,

one of the many prisoners, on whom all the interest

of the case was centred, was parish priest of Gweedore,

a wild district in Donegal. He was a firebrand, an

advanced Nationalist, and, being a warm advocate

of the Plan of Campaign, had been prominent in

inciting the tenants on the Olphert Estate to resist

eviction.

Father McFadden may have been sincere in his

views, but he was arrogant, and not devoid of that

vanity which is not infrequently met with in the

ecclesiastic. He had made numerous inflammatory

speeches, and a warrant was issued for his arrest;

but he evaded the police so skilfully that for some

time they found it difficult to effect it. The inspector

of the district was a prey to superstitious fears, and

professed to have seen a phantom helmet, headless,

lying at the door of the police barrack, which proved

THE GWEEDORE TRIAL 93

to be the reflection of some da];k object in the moon-
light. Inspector Martin, who did not belong to Gwee-
dore, was appointed to serve the warrant.

Quite recently a friend told me that a few days
before the arrest of Father McFadden he had met
young Martin at a dinner-party, and that he was a
pleasant, courageous young fellow — a gentleman by
birth. He had contributed to the amusement of the
evening by singing after dinner, and was the gayest
of all present, but as my friend was leaving the dining-
room he glanced round, and perceived that they had
sat down thirteen to dinner— ill-omened number I

A cardinal blunder was made in efEecting the arrest
of Father McFadden which resulted in loss of life.
The police, instead of waiting patiently until a favour-
able moment presented itself, endeavoured to arrest
the priest in the chapel yard, when he was attired
in full canonicals and about to say Mass.

Everybody who knows how deeply the Irish people
love and venerate their priests will understand the
folly of attempting to arrest one during the hours of
service, surrounded by his flock. In Ireland from time
immemorial the Soggarth has been the disinterested
and, often, the sole friend of the peasant, the sharer
of his joys and troubles, and no thinking person could
avoid condemning the time and method of Father
McFadden's arrest. In a moment the parishioners
were on fire, they gathered round the priest and
threw stones at the police. Father McFadden^ fol-
lowed by Sergeant Carey and Inspector Martin,

94 REMINISCENCES OF LORD O'BRIEN

stepped towards the Presbytety, whiob was in dose
pioximity to the chuich, and managed to get inside
the door, which was then slammed. There were only
I seven police sent to effect the arrest, and the hostile
crowd set upon them. Soon Sergeant Carey was
bleeding profusely from a blow, while Inspector
Martin, when endeavouring to enter the Presbytery,
was knocked down, and, when prostrate and defence-
less on the ground, was done to death by a violent
blow from a stone. While this ghastly scene was
being enacted, two women were looking on from the
Presbytery window, and, to their shame, made no
attempt to save Inspector Martin. One was a
servant-girl, the other a relation of Father McFadden
— a sister, I believe. Had Father McFadden come
forward himself and begged the crowd to disperse,
bloodshed might undoubtedly have been avoided.
Probably, when too late, he much regretted not having
done so. The Gweedore murder evoked much in-
terest. As I have already said, the case presented
many difficulties. It was impossible to try the priest
on a charge of murder or manslaughter. Surely he
deserved punishment, but what was to be done ?
On the 30th of October the court-house was densely
crowded, the air was stuf^, and those who thronged
the place, evidently expecting a protracted trial, were
doomed to disappointment, for it was brought to a
speedy and satisfactory close. With me in the case
were Mr, Ryan, Q.C., Mr. ConMolloy, Edward Carson,*

* Now Sir Edwaid Caraon

THE GWEEDORE TRIAL 95

and Mr. John Ross.* For the defence were The
MacDermot, Q.C., and Mr. Houston. Six prisoners
pleaded guilty to manslaughter, nine admitted mis-
demeanour, while Father McFadden himself pleaded
guilty to obstructing the police. I said in opening
the case: '' I think» having regard to the statement of
The MacDermot, it is only right on my part to say
that an acknowledgment of guilt and submission to
the law are matters which have always been to some
extent considered in the punishment inflicted."

A jury having been sworn, Judge Gibson stated
that the prisoners had pleaded not guilty of murder,
but guilty of manslaughter, and directed them to find
a verdict accordingly, which they did. A prisoner
named Goll, who was the first to strike Martin, and
who was seen in the stone-throwing crowd, was found
guilty of manslaughter and sentenced to ten years'
penal servitude; while the other prisoners who were
prominent in the attack on the pofice were given
various terms of imprisonment. Judge Gibson then
addressed Father McFadden, saying that, the Crown
having abandoned proceedings against him, it was
only necessary for the Judge to consider how far he
could accede to the suggestion that Father McFadden
should be allowed on his own plea of guilty to stand
out on his own recognizances. He dwelt upon the
distressing position in which Father McFadden was
placed — ^a criminal at the bar — ^by his ill-advised eva-
sion of arrest, and all the misery and punishment

* Now a distingnmhed Judge.

96 REMINISCENCES OF LORD O'BRIEN

entailed upon the members of his flock by his
resistance.

Although Father McFadden escaped sentence, he
received ample punishment. His parishioners re-
sented that he, for whom crime had been com-
mitted, should go hee while others suffered. A
feeling of hostility sprang up amongst his flock, and
eventually he had to leave his parish.*

* The Oweedore trial was very painful and distressing for my
father. He had to prosecute a minister of his own religion, and
the courageous discharge of this most painful duty brought down
upon him the most virulent abuse from those who sought to stir
up the evil passion of bigotry for political purposes. In December^
1888, my father was appointed Lord Chief Justice of Ireland,
and on the 11th of January, 1889, took his seat upon the Bench.
Not the least pleasing feature of his appointment was the many
kind congratulations he received — at a time when party feeling
ran high — ^from those who differed from him in politics. In 1891
he was created a Baronet, and in 1900 he was raised to the
peerage. — ^Editob>

CHAPTER XVn

HUMTmQ BICXIUilOXIONB

SoMB yeais after my elevation to the Bench, we moved
to Castletown House at Celbiidge, where we weie
within easy reach of Dublin, and where I could get
some hunting. Once more I could indulge in my
favourite pastime in a mild way, getting out some-
times on a Saturday, when the Courts were not sitting.
I had an excellent hunter — a nice-looking cob, which I
afterwards sold to Sir Edward Carson as a Park hack.
" The Cob " — ^the horse was never known by any
other name — ^was an excellent fencer, and had the
bravest of hearts. I remember that one day when I
was holding quite a good position in a hunt, over a
nice country, we suddenly came, to my dismay, to a
huge yawner, a formidable obstacle in the shape of
a nasty, deep ditch. We were going fairly fast at
the time, and I did not at all like the look of the
barrier between me and the hounds. I tried to stop
my horse, but he meant to have the fence regardless
of my wishes, and would not stop, so I screwed up
my courage, gave him his head, and he negotiated
the fence most dexterously. I turned round to look
back at the obstacle with complacency. A priest on
horseback was at the far side. He was standing in

97 7

98 REMINISCENCES OF LORD O'BRIEN

his stiirups takiDg stock of the fence. ** Sir," he
called out to me, '" will you be veiy kind and ride my
hoise over this for me ?" With much courtesy, I
defied my hat to him and said : *' Reverend sir, you
are presumably better prepared for the next world
than I am; therefore, I must ask you to excuse me
lisking my neck a second time." Whereupon he re-
garded me with no very pleasant countenance as I
rode on gaily.

Frank Goodall was huntsman in those days, and
an excellent huntsman he was. When I first took
up my abode at Castletown, Major Moore was Master
of the Eildare hounds. He was succeeded by Colonel
de Robeck — ^the son of that excellent and much-loved
sportsman, Baron de Robeck, afiectionately termed
the ** Old Baron," who was to be seen, almost until
the day of his death, in the saddle in all weathers.
From Castletown we veiy occasionally had a day
with the Meath hounds. John Watson was Master
then, and, as keen as mustaid, he lived for hunt-
ing. In his eagerness for sport, he was apt to grow
veiy much excited, and, if his foxes were headed,
his language was something at which to marvel. It
was said that his evenings were spent in writing
apologies to those whom he had offended during the
day. I told him that when I was out hunting with
the Meath hounds, he once looked in my direction,
which so frightened me that I galloped straight back
to Castletown, where I did not feel out of reach of
his tongue until I had ensconced myself upon the

HUNTING RECOLLECTIONS 99

loof I This fiction deUghted him. Nobody has ever
cheiished lesentment against him for long. During
the chase he was a privileged person, inasmuch as he
was such a gallant sportsman, and so desirous that
those out with his hounds should enjoy good sport.
One day when the Meath hounds were hunting not
far from Castletown, the fox crossed the road and was
lost, greatly to the annoyance of the Master, who
thought he was likely to have a good run. His anger
was terrible to witness. Longing to give vent to his
disappointment, he espied a trap upon the road,
wherein was seated a lady gaily and fashionably
attired in bright scarlet. John Watson held her
responsible for heading the fox. Turning towards
the field, he said in stentorian tones: ** Ladies and
gentlemen, you have to thank the Scarlet Woman for
spoiling your day's sport !" Everybody felt amused
at this outburst, but nobody dared to laugh.

CHAPTER XVIII

A JWQE^B DUTIES — A NABBOW BSGAPB — BOMB

W1TNB88B8

I HAVE always thought that a Judge is deserving of
much sympathy when it falls to his lot to dischaige
that most painful of all tasks — namely, sentencing a
fellow-being to death. Happily, duiing my twenty-
five years on the Bench I have had to pronounce but
few death sentences, and all of them were in cases in
which the crime was of a terrible and dehberate nature
— a fact which, to a slight eztent, tends to deaden
feelings of pity for the criminal.

Once I had to sentence a man to death for the
brutal murder of his wife. He was living with
another woman, and, in order to marry her, wished
to get rid of his wife and mother-in-law. He killed
them with the blow of a spade while they slept, and,
locking the door of the room in which his two small
children also slept, tried to make his escape. The
tenified children were for over twenty-four hours
locked in with the dead bodies. Their father intended
to leave Ireland, but was arrested before he could get
aboaid a vessel. Had he not taken some of his pos-
sessions with him in a tin box he might have escaped.

100

A NARROW ESCAPE 101

At the trial witnesses swoie that they had seen a
man walking at a great speed along the roads on the
day of the murder. Some of them could not recaU
the prisoner's features, but all were unanimous in
swearing that the man carried a tin box. When I
assumed the blapk cap to pronounce sentence of
death, the prisoner cursed me in the most dramatic
manner, but the day before the execution I received
a letter from him in which he begged me to ioiffve
him for the language he had used towards me, and,
with many expressions of contrition for his crime,
admitted the justice of his sentence.

I remember trying a '"horse case" in which
evidence was given as to a jockey having pulled
a race-horse so as to prevent him passing the
winning-post. His guilt was established beyond
a doubt, and I was amused to hear that his sole
comment on the case was, '" Who got at the
Judge? How was he got at, and how much did
he receive 1"

I once had a narrow escape from death while in
the discharge of my duties as Judge. A missile in
the shape of a stone about the size of a hen's egg
was flung at me from the dock by a prisoner, and
was within an ace of hitting me. The occurrence
took place at Belfast, where a man who had been
a soldier was chained with burglary and found
guilty. While I was sentencing him to two months'
imprisonment he bent down, and, taking a stone which
he had concealed in his clothes, flung it at me. It

102 REMINISCENCES OP LORD O'BRIEN

fell somewhexe at the back of the bench. How the
prisoner came to be so armed puzzled us all. On
inquiry, it was discovered that on his way from the
cells he had to go through a long subterranean passage
paved with cobble-stones, one of which he had
managed to pick up, evidently with the intention of
flinging it at the Judge should a verdict of guilty
be brought against him. Ever since this ugly incident
prisoners are always carefully searched before being
placed in the dock.

I recollect two rather amusing instances of the
readiness of witnesses to reply to questions the
import of which they wholly misunderstand.

In a Probate case before me the question arose as
to whether a testator who made a will twenty-four
hours before his death was, at the time of his so doing,
mentally capable. The evidence showed that the
deceased was visited on the day preceding his death
by »v«al of his Highborn,, wh. d^sd him „
being more or less in a state of stupor and collapse.
I put the question to one rather voluble witness at
the end of his evidence : *' I gather, then, that the
deceased gentleman, when you saw him, was lying
in a coma V* '' Oh no, my lord,*' he replied without
hesitation; '"it was just an ordinary bed he was
lying in."

The other story is of the same nature:

A Dublin dock-labourer alleged that he had been
attacked by a lascar who had come from his native
India as stoker on board a steamer berthed for the

SOME WITNESSES 103

moment in the port of Dublin. The plaintiff swore
that this lascar had assaulted him, abused him, and
called him a blackguaid. ** In the vernacular, I
presume ?" I said. " No, my lord," replied the
witness readily; '' it was on the quay/'

CHAFTEBXIX

LORD JUSnCB nrZGIBBON

No wonder the Irish Bar is proud of its past glories,
when it can boast of having had among its members
such men as Curran^ Whiteside, Bushe and Butt; in
more recent years surely its glorious traditions have
in no wise been unworthily sustained. As I write,
the names Naish, Fits^bbon, Palles, come to my
mind all unbidden.

Lord Justice Fitzgibbon was one of our most elo-
quent and erudite judges. His career, when at
Trinity College, was most distinguished. His mind
was extremely subtle, and he generally formed his
judgments through a strange process of reasoning.
It was impossible to predict what view of a case he
would take, and the ordinary judicial mind often
found a di£Sculty in following his mental windings
and twistings.* He possessed a wonderful knack,

* It must not be thought for one moment that Lord Justioe
Fitzgibbon was a trimmer. He was ever good-humoured and
willing to temporise for peaoe' sake.

A friend of ours wanted to see him on important business, and
called at his house in the morning, when he knew he was most
likely to find the Lord Justice at home. The Lord Justioe him-
self met him in the hall, and said : '* I am sorry, but I absolutely
cannot speak with you now. It is nearly eleven o'dook, and I
must be in court by eleven o*clock."

104

LORD JUSTICE FITZGIBBON 106

wUcIi amounted to a gift, of presentiiig his own view
in the moBt convincing manner.

He had, if I may use the tenn, an acrobatic mind.
He was the most del^htful of hosts, and every
Christmas gave parties at his charming residence,
which overlooked the sea at Howth. Many distin*
guished people enjoyed his hospitaUty, and one reason
which made these gatherings so pleasant was that he
himself thoroughly enjoyed having his friends aiound
him. He was like a schoolboy during the Christmas
vacation, when these famous gatherings took place,
of which oysters, wine, good conversation, good
company, and long rambles round the beautiful coast,
were the distinguishing features. The last time I
enjoyed Fitzgibbon's hospitality, I had to leave by
an early train in the morning. It was a foggy, pitch-
dark morning, and I had to grope about the passage
in search of my boots, as I did not want to disturb
the other guests at such a cruelly early hour. I had
not been home very long when a mock warrant for
my arrest arrived. It was sent by Fits^bbon, and
was worded in legal phraseology to the efEect that I

** Oh, I shan't keep yon long. Do give me a few minnteB/'
nrged my friend.

*' Impoesible. The Roman Gatholio Archbishop of Dublin is
in my stndy at this moment. I most see him on some educa-
tional matter before going to court."

** Well, ril slip up to the drawing-room and wait for you there."

A strange look stole over the Lord Justice's face, as he answered :
** Ton mustn't go into the drawing-room: the Protestant Arch-
bishop is there, and neither knows the other is hero." — ^Bditob.

106 EEMINISCENCES OF LORD O'BRIEN

had stolen a boot, the property of the Right Hon*
George Wyndham, Chief Secretary of Ireland, and
that I had been seen limping at Eingsbridge Ter-
minus with the aforesaid boot upon my foot. In the
dark I had by mistake taken from the landing one of
Mr. George Wyndham's boots, whose room was next
to mine. I had noticed at the station that my foot
felt very hot and uncomfortable, but this I attributed
to gout, the result, as I thought, of Fits^bbon's
lavish hospitality.

CHAPTER XX

SUCXSSS AS A ICATCHlfAKXB

Once, and once only, my advice was instrumental in
bringing about a mairiage, though, to my regiet, I
never met the lady concerned. I was in Wales for
a short holiday, and one day was going by train to
Llanberis with the view of ascending Snowdon. A
young man— a barrister as I thought — ^was travelling
in my compartment. After a time we began to con-
verse, and I found that my surmise was correct, as he
told me he had left Oxford, and had been called to
the Bar. He was an intelligent fellow, and most
eager to succeed in his profession. We discussed
legal topics, and I gave him some advice which I
deemed might be beneficial to a young barrister. As
we foimd each other's society congenial, we arranged
to ascend Snowdon together, and when we reached
the summit, my young friend grew pensive and heaved
a sigh, whereupon I chafiEed him on the possession of
a romantic temperament. The beauty of the scene
may have moved him to give me his confidence, for
before many minutes had elapsed he was asking my
advice concerning his love afiairs, which were causing
him great perplexity. It was a case of "' How happy

107

108 REMINISCENCES OP LORD O'BRIEN

could I be with either, were t'other dear charmer
away !" for there were two ladies, and he could not
make up his mind to which to propose. One was
extremely pretty and well endowed ; the other dower-
less, and, to quote my young friend, "" an angel,"
having nursed an invalid and querulous father through
a long iUness, denying herself all amusement to take
her plabe by his pillow. I advised him to marry the
dowerless young lady, saying that, inasmuch as she
had proved such an excellent daughter, she would be
likely to prove an equally excellent wife, and stand by
her husband as she had done by her parents. I told
him that under such circumstances, even without
money, he would probably succeed at the Bar, as
most men who had risen to fame had had to work
hard in the beginning. My young friend seemed im-
pressed by my advice, and when I had finished speak-
ing, suddenly exclaimed, as he pointed to a lady who
appeared on the scene: '' Why, there's the pretty
girl I was telling you of." Very pretty she certainly
was. She had ascended Snowdon with some friend,
and was delighted to meet the young barrister. She
was very gracious and charming to me, and I felt
rather a traitor in her presence, owing to the advice
I had just given. The episode was soon almost
forgotten by me, and my thoughts might never have
reverted to it, had I not many years after received
a letter from the barrister, in which he recalled him-
self to my memory and thanked me for my advice,
which he had followed, with the result that he was

SUCCESS AS A MATCHMAKER 109

'' happy in his mamage beyond his expectation,"
and was making a large income at the Bar. My
success as a matchmaker much gratified my vanity,
but I was content to retire on my laurels, knowing
that I could never again hope for a like success, inas-
much as '^ angels " are rarely to be met with.

CHAPTER XXI

ON UTBBATUBB

On the 18th of May, 1911, 1 was present at a dinnei
in aid of the Royal liteiaiy Fund, which was held
at the Whitehall Rooms, Hotel Metiopole. That
distinguished man of letteis, Mr. Birrell, presided —
and in a weak moment I was persuaded to pro-
pose the toast of Literature. Had I not had the
audacity to do this I should have foregone a very
pleasant evening, during which some exceUent and
amusing speeches were made. When dinner was
over, and feeling exceedingly conscious of my own
shortcomings, I made the following brief speech, in
the begiiming of which I tried to illustrate my utter
destitution from a Uteraiy point of view by relating
this little story:

'" At an early table d'h6te at one of the hotels in
Lucerne, I think it was the Schweitzerhof , I found
myself sitting next to a very charming Russian lady.
Her children were seated near her, and were con-
versing in all manner of languages. I remarked to
the mother, ' What a number of languages these
charming children speak 1' The gratified mother
turned to me, and looking at me — not wholly without
interest, as I thought — masked me whether I was not

110

ON LITERATURE 111

a good linguist. * Alas, madam !' I replied, with
tears in my voice, ' I do not speak even the language
of my own country/ You can well imagine, my
lords, ladies, and gentlemen, the mental prostration
with which I made this htuniliating avowal 1"

I then went on to say that, notwithstanding my
entire ineptitude, literature had afforded me so many
delightful moments that a spirit of gratitude sug-
gested that I should endeavour at least to lay a very
humble tribute at its shrine. *' What has literature
done for us ? Or, rather, what has it not done for
us ?" I asked. " For my own part, but for literature
I should still be careering about my native wilds,
a semi-civilized backwoodsman. What Englishman
is not proud of the literature of his country ? What
Englishman does not feel a glow of pride when he
remembers that it was England that gave to literature
Shakespeare, Milton, Chaucer, Spenser, and a thousand
other imperishable names of both men and*!women ?"
My lords, ladies, and gentlemen," I continued,

I have but one complaint to make against litera-
ture. The occasion which gave rise to this complaint
was certainly a very trying one. I remember at one
time I was on circuit in the West of Ireland, and,
with my colleagues, was asked to attend a pubUc
dinner. ' Literature ' was on the toast Ust, and a
local orator — ^a Connaught gentleman, I believe —
was called upon to propose it. This gentleman
apparently prided himself on his knowledge of
literature, and certainly loved the sound of his own

112 REMINISCENOES OF LORD O'BRIEN

voice. He spoke with an unrelenting fluency for
thiee hours and thirty-three minutes by the clock.
It was marvellous, if not magnificent. There is a
saying in the West of Ireland with which Mr.
Birrell is, no doubt, familiar; it is heard in times
of civil commotion: ' The West's awake '; but I assure
you, my lords, ladies, and gentlemen, that on this
occasion the West was fast asleep 1"

I then ceased my bizarre and uncouth references
to literature, and presented a delightful contrast by
associating with the toast of '' Literature " the name
and fame of Sir Arthur Quiller-Couch, whose health
I proposed.

CHAPTER XXTT

UBSHXB t7. U8SHSB

Pbbhafs the most interesting case in whicli I had to
delivei judgment in recent years was that of Ussher 9.
Ussher."^ The facts are briefly as follows: It was
argaed that a marriage ceremony celebrated betwe^i
two professing Roman Catholics was null and void
on account of the omission of a certain formality^
not considered essential by the estabUshed Church-
that is to say, by the law of the land. It was oi
paramount importance that the law of the land
should be upheld, and, as naturally the ease was
followed with considerable interest, I do not hesitate
to give it in full.

The question to be determined in this case is
whether the Petitioner William Arland Ussher and
the Respondent Mary Ussher, otherwise Caulfield,
were lawfully married. The material facts are as
follows :

At about ten o'clock at night on the 24th of April,

* This judgment seemi to bave given universal 8atisfa«tion»
inasmuch as my father was the recipient of numerous con-
gratulatory letters from prominent Catholic and Protestant
ecclesiastics. — ^Bnrrcnt.

113 8

FJEMNISCENCES OP LORD O'BRIEN

1910, the Petitioner went through what puiported to
be a ceremony of marriage with the Respondent.
Both the Petitioner and the Respondent were Roman
Catholics at the time of the alleged marriage; upon
this hypothesis the Petition was presented. The
ceremony which is impugned as invalid was performed
by the Rev. Joseph Fahy, parish priest of the parish
where they resided. The Petitioner lived at a place
called Eastwell in the county of Galway, and the
Respondent was a housemaid in his establishment.
The Petitioner was about thirty years of age and
the Respondent about twenty. The Petitioner had
been bom a Protestant; and had, up to the date of
the ceremony, professed the Protestant religion; but
immediately before the allied marriage took place
he had been received into the Roman Catholic Church.

The marriage ceremony was performed in accord-
ance with the ritual, so far as it is expressed in words,
of the Roman Catholic Church, but in the presence
of one witness only — a woman of the name of Agnes
E[avanagh, who was a cook in the Petitioner's house.
It appears that both the reception into the Roman
Catholic Church and the ceremony of marriage took
place in an unused bedroom at Eastwell, into which
the Rev. Joseph Fahy was secretly introduced at
night by the Petitioner.

It was argued before us that this marriage was
invalid by reason of the fact that only one witness
thereto was present, and that it was invaUd ecclesi-
astically and legally, both in the eye of the Roman

U8SHER V. USSHBR 115

Catholic Church and in the eye of the law of the
realm, the common law. The prohibitive and penal
statute, the 19th Geo. II., cap. 13, was lefeired to
as invalidating the mairiage.

There was an added, I might say a special ground
of impeachment of the marriage: it was alleged to
be subject to the condition that, if the ceremony
which was gone through was not effective as a valid
marriage in the eye of the Roman Catholic Church,
it was to be regarded as altogether invalid. The
Bev. Joseph Fahy, who was examined at the trial,
stated that he told the Petitioner (who was not
produced to give evidence) that two witnesses to the
marriage were necessary; but afterwards alleged that
he thought that a faculty which he got from his
Bishop, the Most Rev. Dr. Oilmartin, dispensed with
the necessity of two witnesses, and rendered the
presence of one witness sufficient. As to this, the
Rev. Joseph Fahy lapsed into very great confusion.
It is not now denied that the faculty from the Bishop
was confined merely to the authorization of the
celebration of the marriage in a private house. The
marriage certainly took place before but one witness,
Agnes Eavanagh the cook. The persons present
were only four in number — ^viz., the Petitioner, the
Respondent, the cook Agnes Eavanagh, and the Rev.
Joseph Fahy. The ceremony of marriage was, as I
have stated, gone through in the words (all the words
having been used) of the Roman CSatholic ritual.
Did the fact that there was but one witness present

116 REMINISCENCES OF LORP O'BRIEN

i&yalidBte the mairiage from the standpoint of the
Roman Catholic Chuieh ? In my opinion it did.
The Decree of the Council of Trent has be^i pro-
mulgated in Ireland; it is aj^cable to and controls
Roman Catholic marriages^ and makes the presence
of two witnesses necessary. A ceremony not in
accordance with its requirements as to the pvesenee
of a priest and of two witnesses is null and void. Not
only is the marriage declared null and void by the
Council of Trent, but the parties purporting to oonr
tract are declared incompetent to do so, " onmino
inhabiles ad contrahendum/' That is to say, the
marriage is rendered invalid not by reason of any
incompetency of a personal character attaching to,
inherent in, the persons purporting to contract^ but
by reason of the non-compliance with an external
requirement; that is to say, the presence oi the two
witnesses rendered necessary by that Decree. It
must be borne in mind that the Decree of the Council
of Trent, though co^K^ive and conclusive from the
standpoint of the Roman Catholic Church, is not
recognized by the law of the land, the common law.
We must bear this distinction in mind when dealing
with the question whethw the marriage with which
we are here concerned was good at common law. It
is unnecessary to consider how, from the point of view
of the Roman Catholic Church, a subsequent valida-
tiim of the marriage would operate; lot no nch thing
has taken place in this case^ noar has any such thing
been attempted; m feet, the Petitioner refused to

USSmB V. USSHEB 117

give the consent said to be neoessaij for sach
validation.

But, as was asked with much emphasis by Counsd
during the aigument, how could the marriage be
validated if it was altogether void! Such a pro-
position, it was contended, finds no support from
" reason/* I am aftaid there are many things lying
at the root, at the foundation of the Christian rdigion,
mysteries of faith, for an ducidation of which we
should appeal to "' reason " in vain. The incredulity
of scepticism is caused by making '* reason '' the sole
and exclusive touchstone of faith. One thing, how-
ever, '' reason'' imperatively impresses: that, such
aie the difficulties which beset every form of tiie
CShristian religion, we should, no matter how great
our devotion to the faith of our fathers, practise
fori>earance and toleration towards all men within
the CSiristian fold, whatever their distinctive tenets
may be. I should not have made these observations
but lor the argument so vigorously addressed to us
from tibe Bar; it is sufficient for me to say that the
Decree of the Council of Trent, which has been pro-
mulgated in Ireland and forms part of the Roman
Catholic Faith, declares a marriage with but one
witness to be null and void.

I now turn from the law of the Roman Catholic
Church to the law of the realm, the common law.
What, then, is a conunon law mairiage ? Marriages
that were made without formalities, but by the mere
consent of the parties, weie at one time r^arded by

118 REMINISCENCES OF LORD O'BRIEN

many as common law marriages. In order to have
made such marriages efiective there should have been
a present intention to make the contract, and it
should have been expressed accordingly; in other
words, " per verba de prsesenti." This was accepted
by many as the true view of the essential conditions
of marriage at common law before the well-known
case of Regina v. Millis; it rested on the maxim
''Consensus facit matrimonium." Then came the
case I have mentioned, that of Regina t;. Millis, which
exhausted legal erudition on the subject, but in
which the noble and learned Lords who heard it
were equally divided in opinion as to whether the
presence of a clergyman in Holy Orders was essential
to the validity of a common law marriage. Next
we have the equally well-known case of Beamish t;.
Beamish, in which the House of Lords showed that,
by virtue of the rule " Semper prsBSumitur pro
negante," the decision in Regina t;. Millis made the
presence of a clergyman in Holy Orders necessary to
the validity of a common law marriage. See Lord
Campbell's judgment, pages 336, 339 (9th H.L.).
He dealt with the matter at some length, and con-
cluded his observations as to this head of his argu-
ment by sajring:

" It is my duty to say that your Lordships are
bound by this decision {i.e., the decision in Regina v.
Millis) as much as if it had been pronounced nemine
dissefdiente '' (p. 338). Later on he says that it was
" settled by that case that, to constitute a valid

USSHER t;. USSHER 119

maniage by the oamman law of Englasd, theie mii£rt
be ptesent a cleigyman in Oideis conferred by a
Bishop." Loid Chehnsfozd is also reported to have
said in the same case: '' The Queen t;. Millis must
be taken to have settled that at common law marriage
was invalid unless contracted in the presence of a
priest in Holy Orders"; and, to refer to the ante-
cedent judgment of Lord Cranworth, it will be seen
that he laid down that " according to the common
law of England and Ireland a marriage celebrated
without the preseiace of a clergyman in Holy Orders
was not merely irregular, censurable and punishable,
but was absolutely void."

Now, why do I refer to these passages from the
judgments of these noble and learned Lords ? For
this reason: that they deal with the law of the land,
the common law; and because the Rev. Joseph
Fahy, as has not been denied, fulfils the necessary
conditions as to being a priest in Holy Orders. The
substance, the essential condition, of a valid marriage
at common law is what we have here. The con-
tracting parties intending then and there to get
married interchanged their mutual consent — ^the one
to be husband, the other to be wife — ^in the presence
of a priest in Holy Orders. By the word " priest "
I mean not a mere physical sacerdotal entity, but
a clerg3anan present to elicit and receive the consent
of the contracting parties; to see that they intended
to get married and mutually understood each other,
and who might act as a witness of the marriage, if

120 REMINISCENCES OF LORD O^BRlEN

neoeseaiy. Heie not only weie " verba de pnaseiiti "
used, bat| as I have alieady stated, the whole of the
Catholic Ritual, so far as it is expressed in words,
was gone through. There was here the essence, the
substance ol a common law marriage, clothed, as it
were, in ecclesiastical garments. I find that in
tzeatises on mairiage law the priest is styled '' the
official witness," the '' testis quaUficatus." At com-
mon law the presence of any other witness was un-
necessary to constitute a valid marriage. Othor
witnesses who might have been present, but whose
pres^ace, though essential under the express pro-
visions of the Council of Trent, was not essential at
common law, were styled the fotmA witnesses. I
am therefore of opinion that there was a good and
valid marriage according to the law of the realm,
the common law, between the Petitioner and die
Respondent. It is not necessary to refer to those
exceptional circumstances, such as the celebration of
a nuirriage at sea, or a case in which it is impossiUe
to secure the presence of a priest, mentioned by Lord
Cranworth in Beamish t;. Beamish at page 348, and
by Loid Wensleydale at page 352, of thdir respective
judgments, and in the Decree '" Ne temere," which
dispense with the necessity for the presence of a
priest; such circumstances do not exist in the present
case. Before I leave this part of the case, I desire
to refer to the Report made on the Marriage Law of
the United Kingdom dated 1868; pediaps the most
authoritative Report (whether in regard to the

CSSHER i;. USSHER 121

position and qualifications of the signatories to it or
of the witnesses examined before them) that was ever
presented to either House of Parliament. Amongst
the signatories were fiye Lord CShancellors, four
English and one Irish; and among the witnesses were
sev^»l Roman Catholic Bishops, both English and
IrisL The division under the head of '"Roman
Catholic Marriages" consists of six short clauses,
so succinct that their very succinctness causes me
some compunctious visitings lest my observations
be too great a trespass on the public time. All these
clauses are relevant, but I will refer only to Clauses 1
and 6, which are as follows:

'" Clause 1. Until the year 1863 marriages between
two Roman Catholics (being the great majority of
the whole number of marriages annually solemnized
in Ireland) were left to the operation of the common
law, without any statutory enactment; and, so far
as relates to the l^al constitution of marriage between
such parties, this is still the case; the provisions of
the Act passed in that year being directory, with a
view to the registration only of such marriages."

Clause 6, after referring to the Council of Trent,
the publication of baims, and dispensation with them
by episcopal licence, continues as follows:

'" Of these matters, however (being requisites of
marriage by the internal economy only of the Roman
Catholic Church), the law of the land takes no cog-
nizance; and a marriage contracted in the presence of
any Raman Caddie priest in Ireland bettoem two

122 REMINISCENCES OP LORD O'BRIEN

Roman Catholics, aUhough contrary to the law and
discvpline of thew own Church, wovld be legally valid.'*

My biothei Kenny most appropnatdy leferred to
these among other clauses of the Report; but there
is one other antecedent clause, at page 3 of the
Report, to the concluding lines of which, as I think
them apposite, and entirely right, I shall refer. They
are as follows:

"" In both countries (England and Ireland) pro-
vision is made for a general registry of marriages with
a view to their greater pubhcity and more authentic
proof; but the validity or proof of marriage is not
made dependent upon such registration or upon any
other particular kind of evidence."

Now I come to what I called the added, the special,
objection, which was so strenuously pressed at the
Bar. Herein lay indeed the stress of the contention
between the parties. It was said that the ceremony
proceeded on the basis that the consent of the Peti-
tioner was given upon the condition that if the
alleged marriage was not a good marriage according
to the doctrine of the Roman Catholic Church, the
ceremony gone through should be regarded as in no
way binding, and that the Petitioner should not be
regarded otherwise than as an unmarried man; that
the ceremony he went through should be good and
binding as a valid marriage in the eye of the Roman
Catholic Church or be no marriage at all. That, as
it were, he should be bound only by the tie he pur-
ported to put on; that, in fact, if not bound by that

USSHER V. U8SHER 123

tie, it would be competent for him to fling the Respon-
dent aside as a degraded castaway, the mere refuse
of his sated passion, and the unhappy mother of
a bastard child. This gives us pause indeed.

But it is said that hard cases make bad law; and
we must accordingly be careful that any moral
reprobation this contention may provoke does not
blind us to the facts or to the law.

Was there then, in point of fact, any such condition
as was argued to exist? Was there, to use the
language of the fourth paragraph of the Petition, any
such eaypress condition ? I am of opinion that there
was not. There was in my opinion no such stipula-
tion either express or implied. I think tl^e substance,
the essence of the marriage was constituted by the
affirmative answers given to the questions of the
priest: by the mutual consent elicited by these
questions. I think the Latin word "' vis " is equiva-
lent to " Do you consent ?** and the word " volo "
to the words " I do "; and that all the rest of the
formula.is merely declaratory, confirmatory, symbolical,
and ceremonial. If this be so, as I think it is, there
was an absolute unconditional contract of marriage;
and this view is, I think, borne out by the '" Roman
Ritual," which consists merely of the affirmative
answers given to the priest. The questions and
answers are in language identical with the language,
the questions and answers put in this case. But
assuming this view, though supported by the opinion
of many eminent Canonists, not to be the true view;

124 REMINISCENCES OP LORD O'BRIEN

and assuoiiiig that the substance, the essence of tlie
maniage is to be found later on in the formula used,
I think the words, '" veriba de prsasenti/' words used
in the present tense according to the directions given
in the Prayer-Book, '' I take thee to my wedded
wife,'' etc., and '* I take thee to my wedded hus-
band," etc., used respectively by the contracting
parties, would be a sufficient expression of their mutual
consent to constitute a marriage. This seems to
have been the opinion of that most distinguished
Judge, Sir James WiUes. See his great judgment in
Beamish v. Beamish, upon which the language of
eulogy was exhausted.

But whatever opinion may prevail (and I most
studiously, most emphatically disclaim even the
semblance of dogmatism) as to where the essential
words lay in the formula before us, I think tii^ce
was cumulative evidence of mutual consent regarding
the formula as a whole. This is, I think, sufSciait
for the purpose of my judgment; but I think it may
with some plausibility be argued, as indeed it was,
that what follows the mutual acceptance in the latter
part of the formula — ^the mutual *' taking," so to
speak — ^was not essential to the constitution of
matrimony, but represented merely the duties and
functions attaching to Christian marriage; and that
the troth-plighting had reference merely to the dis-
charge of these duties and functions. The expression
"' Ego conjungo vos in matrimonium " was not, in
my opinion, essential. It was used merely to give

USSHER V. USSHER 126

a idigions cliaiactor to the ceiemcmy; to indicate
that the official witness, the witness who attended on
the part of the Chuich, saw nothing wrong in the
ceremony; and the crossing of the right hands, and
the blessing, and the giving of the marriage-gifts
were merely symbolical. The true view, presented
by the actual position as it existed at the time of
the ceremony, as I ventured to point oat during the
prc^press of the argument, was that the Petitioner
not only consented to be married to the Respondent,
but was most eager and desirous to be married to
her; to have the marriage then and there secretly
celebrated by the Rev. Joseph Fahy. He was, as
I have said, equally urgent to get married and to
have the marriage kept secret. The Rev. Jos^h
Fahy may perhaps in his hurry and confusion have
confounded the cfficiat witness, the priest, with the
formal witness; that is to say, he may have regarded
himself as one witness, and Agnes Eavanagh the
cook as another; but most certainly the clandestine
method of the celebration of the marriage was much
to be regretted.

I thiok I may here appropriatdy quote a passage
from the judgment of Lord Chelmsford in the case
of Beamish v. Beamish as to the effect of a clandestine
marriage. He says at page 357 of the report:

" But where such a contract * per verba de {»»»
senti ' was declared in the presence of a person im
Holy Orders present for the purpose of receiving
such deekutalien, then was a complete and vahd

126 REMINISCENCES OP LORD O'BRIEN

marriage, although in consequence of not taking
place * in fade ecclesi® ' it was considered as clan-
destine and subjected the parties to the censure of
the Church. These marriages, however, were re-
garded by the ecclesiastical Courts as complete and
lawful marriages, and so they were by the Courts of
common law, and as drawing after them all the legal
rights and consequences incident to marriage; nor
were the parties ever compelled to repeat the cere-
mony in the face of the Church; all which is clearly
explained by Lord Lyndhurst in Regina t;. Millis."
This is the language of Lord Chelmsford.

But to return to the allegation that the marriage
was conditional. There certainly was nothing con-
ditional in the questions of the priest, nor in the
answers of the Petitioner. The answer that the
Petitioner would marry according to the rite of the
Church meant simply that he was willing that the
Roman Catholic ceremonial should be adopted; it
did not in any way qualify his intention to get
married; it simply meant that he was willing that
the Roman Catholic ceremonial of marriage should
be employed; a ceremonial of marriage which was,
in my opinion, in no way of a conditional character.

The words " If Holy Church will it permit *' were
at most no more than this, that the marriage should
be regarded as binding and valid if nothing was
discovered to exist affecting the personal rdations
of the contracting parties (such as consanguinity or
affinity) to justify their separation in the eye of the

USSHER t;. USSHER 127

Church, and require dissolution of the marriage bond.
For my own part, I think that these words had no
reference to what I have described as an external
witness, the necessity for whose presence was created
by the ordinance of the Council of Trent. Indeed,
these woids are found in rituals which were in use
long before the ordinance of the Council of Trent was
promulgated or even existed.

I think, too, that it may be very plausibly argued
that these words, which occur after the statement
of the obligations and duties of marriage — ^at the end
of the habendum, so to speak — are but a vague
expression of deference to the Church, similar to the
analogous expressions "" Please God," ** If it please
God," " With the blessing of God," " God willing."
Indeed, in our own courts we constantly hear the
phrase ** If your Lordship pleases " ; and in the House
of Commons members not infrequently make use of
the formula '" With the permission of the House."
These phiases are accepted as mere expressions of
courtesy, and are in no way restrictive of exhaustive
argument or elaborate discussion. The mere occa-
sional use of these words (for they are found only in
some of the rituals) tends to bear out the view that
they are, as I have said, a mere vague expression of
deference to the Church. They are altogether
omitted in some of the rituals. For example, they
are not found in the *' Roman Ritual," nor in the
ritual which is in use in America; and in the old
Sarum Ritual other words are employed. Nor are

128 REMINISCENCES OP LORD O'BRIEN

the woids found in the York Missal; while in the
Heiefoid Manual and Missal the words are *' as Holy
Church has so ordained." Such words do not, in
my opinion, make the marriage conditional; they do
not qualify the absolute character and effect of the
mutual consent already given in the presence of the
priest. The intCTchange of consent and the inter-
vention of the priest created in a legal point of view
the contiact; and from an ecclesiastical point of view
conferred the sacrament of marriage. The consent
should be fieely and delibetatdy given without errcHr,
fear, or force, duress or fraud, by persons competent
to contract; and should be expressed in words or by
scHoae visible sign. All these conditions were fulfilled
in the present case.

Though a priest be present, it is, in the language
of a distinguished Canonist (Devine on '' The Law
of Christian Marriage," page 57), " the well-settled
doctrine of the Roman Catholic Church that the
contracting parties are thaooselves the ministers of
the sacrament, and not the officiating priest, who
only confirms and blesses the marriage, and can otAy
be called the minister of its solemnity." This ratifir
cation and blessing was, I think, intended to be
expressed by the phrase " Ego conjungo vos in
matrimonium/' The priest, notwithstanding the
form, the Uteral import of the words, does not unite
in matrimony; the marriage union is not created by
him; he merely expresses approval on the part of the
Church of what has already taken place. [This

USSHBB V. UaSHER 128

ezpiession ** Ego conjungo vos in matrimonium ^'
lelates to and is oonveisant with the ceremonial,
with what is non-essential, with what is merely
ceremonial and symbolical, and not with the essence
and substance of matiimony ; the maiiiage has already
tajcen place by the interchange of mutual consent,
^' per verba de pressenti," in the presence, and with
the intervention, of the priest. And the iaot that
the marriage union has been already effected should
be borne in mind when construing the words ''if
Holy Cfliurch will it permit/' These words occur
after an absolute marriage has taken place, and, in
my opinion, do not qualify it.

With reference to the presence of a priest. Lord
Wensleydale in his judgment of Beamish t;. Beamish
(page 360) says:

''The elaborate opinion of the consulted Judges
which has been delivered to us by Mr. Justice WiUes
gives very ample and satisfactory reasons why the
presence of a third person, a clergyman, should be
required. They suggest that there must be three
reasons for requiring his presence: First, that it may
be that he is to be a representative of the Church, for
the purpose of giving a religious character to the
ceremony, and invoking from the Almighty a blessing
on the union, for that is the only sense in which a
blessing can be given by hmnan lips. Secondly, that
he must be present as a trustworthy witness to the
contract, to see that the parties to it fully understand

each other, that they really mean to contract and

130 REMINISCENCES OF LORD O'BRIEN

take each other from that time for husband and wife,
and to bear wiloiess thereafter to others to that fact.
Thirdly, that he has a power to prevent the marriage
from takiDg place, if a just impediment is brought to
hiB knowledge, such as consanguinity or affinity
within the prohibited degrees."

Here was no impediment as regards consangoinify
or affinity. The parties fully understood each other;
and the priest purported to pronounce a blessing.
Whatever the conduct of the Rev. Joseph Fahy was,
he was present, he saw what was going on, and was
therefore competent to give evidence of the marriage.
And since the ceremony took place nothing has super-
vened to invaUdate the marriage.

But, as to the so-called conditional contract, can
it be now successfully contended, after the marriage
has been consummated and a child bom, that the
condition any longer subsists — subsists for what?
To mc^ke a concubine of the wife, to show that she
has lived in a state of concubinage, and that the child
is illegitimate. Such a condition, if it ever existed,
was certainly put an end to by the consummation
of the marriage and the birth of a child. The
Petitioner must, under such circumstances, be taken
in the eye of the law to have renounced any such
condition.

But could such a condition be at all valid and
binding ? I am careful not to refer to a marriage
" per verba de futuro." There may be, I think, a
conditional contract in this way. A man and a

USSHEB V. USSHEB 131

woman may contract to be married after the lapse
of a certain time on condition that the father of the
woman provides at that f utuie time a fortune agreed
upon, say £10,000. If that sum was not produced
at the time agreed upon the contract could not be
enforced. But take the case of a marriage " per
verba de prsasenti/' which gives an immediate right
to cohabitation and consummation; can such a
marriage, consistently with the existence of such a
right, be made subject to defeasance ?

But more especially, can it be subject to defea-
sance if the right to cohabitation and consummation,
as in this case, has been exercised ? Such a condi-
tion would, in my opinion, be invalid as opposed to
public policy, which favours the unity of the spouses
as preservative of morality, and also the procreation
and upbringing of children within the marriage
bond.

But how did the contract become conditional ?
I tslke it that in order that a contract be conditional
the condition must be present to the mind of the maker
when the contract is being made. CSan it be said that
the Petitioner knew anything about the words '' if
Holy Church will it permit " till long after the cere-
mony had taken place ? These words are not re-
ferred to in the Petition; and it is only some time
after the acute professional mind had been brought
to consider the matter that any reference was made
to them. They appear for the first time, so far as
the pleadings are concerned, in the reply. I think

132 BEMINIS0EN0E8 OF LORD O'BRIEN

it is quite clear that the Petitioner never, consciously
at least, made a conditional contract*

But let me refer to what I consider supplies an
analogy. According to Canon Law, a marriage
'' ratum et consummatum " is indissoluble. (See
Devine on "' The Law of Christian Marriage/' page
92.) Here, no doubt, in the eye of the Church the
ceremony did not amount to '' matnmonium ratum " ;
it was not properly contracted, as the essential con-
dition of the presence of two witnesses was not com-
plied with; but there was a good contract at common
law "' per verba de praasenti " in the presence of a
priest, and this was followed by consummation.
Certainly the marriage that was celebrated was
attended by the result that there could be no "" resti-
tutio in integrum." And it is not pretended, or in
any way suggested, that there was on the part of
the Respondent any misconduct which would justify
divorce — ^in this country separation '" a mensa et
toro," or in England divorce " a vinculo matrimonii."

One remaining topic. At the time the Report on
the marriage laws was made, the 19th Geo. II. was
still in existence, and rendered, as we know, the
marriage by a priest of two Protestants or of two
persons, one of whom had been or had professed him-
self or herself to be a Protestant at any time within
twelve months of the alleged marriage, null and void ;
but this Act was repealed many years before the
marriage with which we are now concerned took
place by the 33rd and 34:th Vict.; and the isepealing

USSHEB V. USSHEB 133

Act left Roman Catholics subject to no statutory
disability as to a contiact of maniage between them-
selves. It will be remembered, as I pointed out in
the earlier part of my judgment, that the Petition in
this case was presented on the hypothesis that both
Petitioner and Respondent were Roman Catholics.
(See par. 1 of the Petition, and par. 2 of the Peti-
tioner's affidavit, where it is alleged that both Peti-
tioner and Respondent were Roman Catholics at the
time of the ceremony of marriage.) And the last
section (sec. 42) of the 33rd and 34th Vict., which
provides that that statute and the 7th and 8th Vict,
should be read together and construed as one Act,
removes all the difficulty which was alleged to attach
to the third section of the 7th and 8th Vict. ; because,
there being no limitation of time as to the profession
of Protestantism existing at the moment when the
marriage took place, the Petitioner and Respondent
were then free to contract as Roman Catholics: a
marriage could legally be celebrated between them.
I am accordingly of opinion that the marriage which
took place between the Petitioner and the Respon-
dent was a valid marriage according to the law of the
realm, according to the common law, and that the
Petition should be dismissed with costs.

BY THE EDITOR
CHAPTER XXIH

SX7BBT WITNX88SS — BSBJIBANT ARMSTRONG — ^LORD RU8SRLL —

MB. OLAD8TONB— LORD o'HAGAN

The last time my father discussed this book of
reminiscences with me he said : ** See that my judg-
ment in the Ussher case is fully included, inasmuch
as it attracted a good deal of interest on account of
the recent Papal decree 'Ne Temere.'" Ussher t;.
Ussher was the last judgment of importance he gave;
his resignation took place shortly afterwards.

He prepared his judgments very carefully, and
worded them in concise and simple language so that
they could be easily followed by those unversed in
legal subtleties or in legal phraseology.

I think he attached very little importance to the
testimony of experts, were they experts in hand-
writing or anything else. I was present in court
when he was trying a case in which a thief had broken
into a house and taken a number of valuable things,
leaving as a clue to his identity finger-prints on a
dusty bottle.

These finger-prints were photographed, and an

expert gave evidence as to the vertical finger

1S6

136 REMINISCENCES OF LORD O^BRIEN

on the bottle being identical with the veitical lines
on the prisoner's fingers. The expert went on to say
that, in his opinion, the vertical lines on people's
hands were always different. My father, with an
air of incredulity, asked the witness if he would
undertake to swear that, among millions of people
in the world, no two human beings could be found
with identical finger lines.

On on» oooasion he had to try a case the issue of
which depended on the exact meaning of a word in
the Irish language. The services of a professor of
Irish» who had written several books in the Irish
language, were enlisted, yet he did not speak or under-
stand what the Irish peasant so aptly calls '' cradle "
Irish — ^that is to say, he had not heard it spoken from
the cradle, but had acquired it late in life. The pro-
fessor, according to himself, was a very efficient
Irish scholar.

"' I believe you have written many books in the
Irish language?" asked the Chief Justice, with a
bland smile.

"" YeS| my lord/' answered the professor.

** You have, I understand, a thorou^ knowledge
of the language ?

" Yes, my lord.

My father^ who, when a boy, had picked up a little
Irish from the peasants in Clare, said : " NoW| Fto-
fessor, can you tell me how to say this simple sen*
tence in Irish — ^Have you seen a hare pass by here t"

The ezpwt admitted defeat. '' Well," continaed

i9>

SERJEANT ARMSTRONG 1S7

the Chief Justice, '' can you say, Are the hounds in
sight?" The Professor had again to acknowledge
himself defeated. " And yet/' said his intenx^sttor,
''you call yourself an Irish scholar. I fear yout
Irish it not of any practical use." Turning to one of
the Irish-spealdng witnesses, my father said a few
words to him in Irish. The man, who was overjoyed
at being addressed in his own tongue, left the court
probably under the impression that the Judge spoke
Irish fluently.

To Serjeant Armstrong as a cross-examiner my
&ther conceded the palm. In his opinion the Ser-
jeant was the most skilful cross-examiner the Bar
of Ireland ever produced. Once the Serjeant was
cross-examining an expert on handwriting in a case
of forgery. The expert, plausible and self-sufficient,
ignored the Serjeant as much as possible, and addressed
himself almost entirely to the Bench. Serjeant Arm^
strong seemed to acquiesce in all the witness said,
and as he was about to leave the witness-box, po*
litely asked him to stay one moment and tell the
Judge and jury about the dog. *' How about the
dog ?" inquired the astonished Judge. '^ Just tdl
his lordship," said the Serjeant suavely, '' whether
Lord Chief Baron Pigott said he would not hang a
dog on your evidence when you appeared before him."
The Serjeant then mentioned a famous case of for-
gery, and the discomfited expert had to admit the
truth of Serjeant Azmstrong's statement, who thus
won his case.

138 REMINISCENCES OP LORD O^BRIEN

I have heaid my father, when speakiDg of Lord
Russell of Eillowen, express admiration of his skill
in extracting the truth from a reluctant witness,
" though," said my father, " I could never under-
stand why the Press gave him such kudos for his
cross-examination of Pigott in the Pamell Commis-
sion, inasmuch as a poor, miserable, cowardly crea-
ture such as Pigott was easily shown up. Russell did
many more difficult things than his cross-examination
of Pigott."

My father often said that he considered Isaac Butt
the most eloquent speaker he had heard, and that on
first hearing Gladstone he experienced a feeling of
disappointment, which changed to one of pleasurable
appreciation when he became accustomed to the
Northern burr.

I recollect hearing Mr. Gladstone very severely
criticized in my father's presence. Some denounced
Gladstone for haviog abandoned Gordon; others,
on account of his Irish policy and his Home Rule
Bill. My father listened in silence for a time and
then said : '" There was one thing about Gladstone I
could never forgive or get over." " What could you
never forgive or get over. Chief Justice V* queried
his listeners. '' His transcendent ability," was the
answer.

My father always maintained that the most elo-
quent address he had ever heard at the Bar was
delivered by the late Lord O'Hagan in defence of an
Italian Jesuit who had held a mission somewhere

LORD O'HAGAN 139

near Dublin^ and had pieached againfit the evils
which aoorue from reading pernicious literature. The
Jesuit sujy^ted that those possessing any immoral
books should bring them into the chapel yard and
bum them. Accordingly numerous books were placed
in barrows and wheeled into the chapel yard, where a
fire was lighted and the books destroyed. It was
alleged that among the books thus burnt was a Bible.
Father Petcherini, the Jesuit, indignantly denied
all knowledge of the occurrence. Lord O'Hagan, in
the most eloquent of speeches, pointed out what in-
finite service the Catholic Church had rendered
Christianily by translating the Scriptures and pre-
serving them throughout troublous times when tho^
Ught of faith was all but extinguished.

CHAPTER XXIV

▲K BLDXBLY LOTHAKIO

Okob I visited the Pour Courts wliile my lather was

hearing an amusing case of breach of promise, which

entertained me much.

An action was brought by a lady against a decrepit

old gentleman, who was known as the Chevalier

Bergin. The first meeting between the couple had

taken place in the grounds of some private hospital

or sanatorium. The gentleman was elderly, having

reached his threescore years and ten. The lady

seemed to have '* rushed '' him, inasmuch as she even

fixed the wedding date without having consulted him.

The defendant introduced himself to the lady as the

'* Chevalier Bergin, a man of wealth and title," and

the plaintifi, who was badly o£E, evidently thought

'' Here's a good thing," or, perhaps, '' Here's a soft

thing." The lady whose afEections were tampered

with admitted that she was twenty-eight yeais of age,

though she hardly looked so much as she stood in the

witness-box, clad in black, and wearing a long veil

over her hat, the folds of which graceful head-^ear

fell almost to her feet. From the Bench came a

polite request that she would raise her veil so that

the court might see what the Chevalier saw. The

140

AN BliDSRLY LOTHABIO 141

lady was lelaotant to comply with tlds lequest, but
Mr. Healy, who appeared for the defendant, insisted
that she should "" dis-<}ocoon herself/' and objected
to her coming into court hooded like a '" Turkish
lady/' She thep pcoceeded to unwind her yashmak-
like head-dress, and when her becoming draperies
were renK>ved, she seraied older than she had at first
appeared. Her birth certificate was produced, and
showed that she had courageously deducted eighteen
years from her age. When examined, she said that
the Chevalier became so enamoured of her at first
sight that she thought it necessary to say her name
was Mrs. Eeegan, in order to '' put him o5." On
hearing that she was married, he seemed so much
disappointed that she relented, and confessed that
she was Miss Keegan; whereupon this elderly
Lothario devoutly exclaimed, ''Thank Godl" The
lady spokB of walks in the romantic and shady
grounds of the sanatorium, where they discussed
foreign travek, and defendant made her repeat
after him that she would be true to him while she
lived, the lady taking care to do so in the presence
of a witness*

Much amusement was created in court by the cross-
examination of the Chevalier, a doddering old gentle-
man, who boasted of his successes with the fair sex,
after which brag Serjeant Moriarty * scanned him for
a moment, with a whimsical expression of counte-
nance, and then pleasantly remarked:

* Afterwards Lord Justice. — ^Editob.

142 REMINISCENCES OF LORD O'BRIEN

" Chevalier, I had no idea that you weie such a
devil of a fellow/'

The old gentleman thereupon flew into a passion,
and threatened to call out the Serjeant, adding, '' If
I had my health I would be in better form for you."
The Serjeant, nothing daunted by the Chevalier's
challenge, proceeded to assure the defendant that he
was in excellent form, and the very pink of courtesy.

'* I ought to be, because of the title I bear," the
Chevalier pompously remained.

When asked if he had ever put his arms round the
lady, he ungallantly said : *' It was she put her arms
round about me first — ^it was she who first Idssed
me," he added emphatically amidst much laughter.

Witnesses were called to give evidence as to a
promise of marriage. It was quite evident that the
Chevalier had undoubtedly promised, in the presence
of witnesses, to many the plaintifE, and the Judge,
when summing up, pointed out to the jury that the
question for them to decide was. Did the defendant
promise to many the plaintifi, and if he did, to what
damages was she entitled 1 With regard to the lady's
age, he said : " It has become almost a maxim of law
in these courts that a lady is entitled to take a few
years ofl her age, but taking ofi eighteen years is
going a little too far !"

The jury found for the plaintiff, who was awarded
damages.

CHAPTER XXV

AN AWKWARD PBBDICAMSKT — ^TSDBNDS — JUDGE WEBB

Once, througli a stupid mistake on the part of a
railway porter, my father was placed in a somewhat
awkward predicament. He was a Q.C.> at the time,
and was traveUing to the south, to appear in some big
case at the Assizes. He had with him a light port-
manteau, which contained his silk gown and wig.
Travelling by the train was a Bishop, who was going
to the same place to hold a Confirmation service.
He, too, had a small portmanteau. When the train
reached the station for which my father was bound,
a fuddled porter gave him the Bishop's portmanteau.
My father hurried to the court-house and opened
the portmanteau with a view to robing. What was
his dismay to discover instead of his wig and gown
a mitre, cross, and gorgeous vestments I The Bishop
was equally surprised to find that the garb in which
he was to administer Confirmation were a wig and
gown. A member of the junior Bar made a very
clever and amusing caricature of an eminent Q.C.
wrathfully pacing up and down, crowned with a
mitre, while the Judge of Assizes sat on the Bench
waiting, like patience on a monument, for the pro-
ceedings to begin.

143

lU REMINISCENCES OF LORD O'BBIEN

My father had a laig^ and misceUaneous acquain-
tance, comprising, as he himself said, all sorts and
conditions of men. He numbered amongst his dearest
friends his schoolfellow. Lord Chancellor Naish; Sir
Edward Carson, who was his devil, and whom he was
wont to describe as '' Ban Dtable *' ; and Lord London-
deny — ^kindest and best of friends. Of the Judges,
my father held in affectionate r^^rd Lord Chief
Baron Palles, Lord Justice Holmes, Mr. Justice Gib-
son, and Mr. Justice Boss. He had a sincere
for Lord Atkinson, who was closely associated
him in many criminal prosecutions, was called to the
Bar at the same time, and took silk on the same day.

Dr. Webb, a Fellow of Trinity College, and after-
wards a County Court Judge, was a fairly frequent
visitor at our house in my childhood. He was the
author of some philosophical works, and on one ocoa*
sion when he came to see us brought with him as a
present a book which he had himself written, and
which was entitled '' The Veil of Isis," in which work
he gives a summaiy of Berkeleianism. The learned
Doctor began to explain Bishop Berkeley's philosophy,
and endeavoured to persuade his hearers that material
things exist only in idea, and that the physical uni-
verse is not an independent reality. My father, who
was not given to metaphysical reasoning and was,
above all, practical, listened for a time to Dr. Webb's
elaborate subtleties, but at last said impatiently:
'' Webb, may I knock your head against that book-
case ? and you can then tell me if it exists materially " ;

JUDGE WEBB 145

at which remark the Doctor laughed good-humouredly
and said : " I will give you another book more to your
taste," and shortly afterwards sent him a presenta-
tion copy of his translation of Goethe's " Faust,"
with which work my father was charmed. So de-
lighted was he with it that, there and then, though
quite little girls, we were made to read '' Faust "
in the original, also to commit to memory many
of the principal songs, and compare them with the
Doctor's translations, which my father considered
finer than Taylor's, perhaps because of his regard for
the translator.

During Judge Webb's last illness my father went
to see him frequently. On the occasion of the last
visit, I recollect him sajdng, '' I have been sitting
with poor Webb. It was a melancholy spectacle to
see him so weak; the end can't be far off. He was
having lunch when I arrived, and insisted on my
having a last glass of wine with him. It is sad to
see so great an intellect, and so good a heart, going
the way of all flesh. Those lines he was so fond of in
' Fau8t ' kept coming into my mind wlule I was with
him. What would not poor Webb give to be young
once again 1"

The lines referred to were those from the Prelude
to *' Faust." Dr. Webb translated them thus feli-
citously:

Oh, give me back the time of growing,

When I m jself was in my Spring,

And when the fount of song was flowing

With fresh, unbroken carolling —

146 REMINISCENCES OF LORD O'BRIEN

When all was hase, and all illnsiony
When wonder Iniked in every flower
And blooms in thousands decked the bower.

And dales were one divine profusion.

Naught had I» but enough for youth

Delight in dreams, and longing after truth,
Give me the yet untamed emotion.
The bliss that tin^^ed into pain.

The power of hatred, love's devotion.
Oh, give me baok my youth again.'

CHAPTER XXVI

THB THBATBE — BPUBGSON-— GHBIBXIAJf 80IBNOB — ^DINNSB

WITH QUESH VICTOBIA

In his youDg days my father was something of a
theatre-goer. He loved all Shakespeare's plays, but
'* Hamlet " was his favourite. In the r61e of Hamlet,
Mr. Forbes Bobertson gave him more pleasure than
any other actor. I remember him telling me that
when he was at Trinity College he attended a repre-
sentation of '" Hamlet " given at the old Theatre
Royal, Dublin. The play was wretchedly rendered,
the ghost's part being played by an actor who
ranted in the most ludicrous fashion. Great was
my father's delight when a voice from the gods
suddenly called out: "' The divil such a ghost I ever
seen !" a rema];k which much disconcerted not only
the ghost, but also Hamlet.

When I was a child, my father, if he wished to
give me a treat, would take me to the theatre to see
Irving and Miss Ellen Teny in one of Shakespeare's
plays, but I could rarely prevail upon him to bring
me to a musical comedy.

He was an admirer of Sir Herbert Tree, and in-
variably went to see him act when he came to Dublin*

As Malvolio in '* Twelfth Night," he considered Tree

147

148 REMINISCENCES OF LORD O'BRIEN

quite inimitable. Sir Herbert and Lady Tree were
friends of his, and we generally contrived to see some-
thing of them when they came to Ireland.

My father, when a young barrister, acted occa-
sionally in private theatricals. These performances
generally took place in dare, where my uncle, in
order to provide amusement for his guests, im-
provised a theatre, utilizing an empty house on his
estate for the purpose. In that remote district the
guests, who were quite dependent on their own
resources for entertainment, acted in many little
pieces, much to their amusement and satisfaction.
The audience was not critical, and consisted chiefly
of tenants. The neighbours were few, and motors
had still to be invented. One night it fell to my
father's lot to impersonate an ardent and impoverished
lover, who urged, in impassioned language, a young
and beautiful lady to elope with him. He acted his
part so convincingly, and with so much spirit, that
a countiyman, carried away by the acting, forgot it
was only acting, and called out, "' Shame on you, Mr.
Peter, with a wife of your own at home I"

One of my vexy eariy recollections is that of my
father telling me that he was going to the Tabeinacle
to hear Spurgeon preach, and proposing that I should
accompany him. I am ashamed to say that up to
that time I had never heard of Spuigeon* On being
told that he was London's greatest preacher, I eagedy
assented. So many years have elapsed since then
that I have forgotten much, and have but a dim

SPUB6E0N 149

lecolkotion of a large building, an enoimotis crowd,
and a stout man who had a magical voice, which he
managed most skilfolly; it never seemed loud and at
times sank to a whisper, yet it could be heard in
ev^ nook and comer of the edifice. Part of the
sermon I have forgotten, though I recollect that it
was on the evils of self-righteousness and the virtue
of humility. The preacher did not, as it were, preach
to the congregation, but rather talked to them in a
friendly manner. He at once established a feeling
of Mendship between himself and each one present:
one felt he was a great humanitarian whose ** human
heart was touched by human things.'' He had the
power of making one laugh or weep with him. He
told us a little story to illustrate the evil of self-
righteoiisness. He said that some Prince, visiting
a prison inoognitOy was taken into the prison yard
by the governor of the jail. The prisoners were
exercising, and the Prince questioned each man as
to the reason of his imprisonment. With the excep-
tion of one man, each criminal told the Prince that
he had found himself in jail because, though innocent,
he had been wrongly accused, or because of some
miscarriage of justice. When the Prince came to the
last man, he said to him: '' What's the reason of your
imprisonment !"

" Alas !" said the prisoner in contrite accents, " I
stole a purse." " You stole a purse !" exclaimed the
Prince, as if horrified. Then turning to the governor,
he said: '* It is monstrous that a thief should be among

150 REMINISCENCES OP LORD O'BRIEN

so many honest men. Remove his handcofiEs. I give
him his liberty • Prisoner, you aie free." Child though
I was, I was greatly impressed by the manner in which
Spurgeon managed his voice, and with his preach-
ing. ** How simply he spoke !" I said to my father.
'' Yes," was the answer, '" Ars est celare artem."

Though my father possessed a very large share of
courage, and in the bad time when his life was in
jeopardy was ever cheerful, yet, like many highly-
strung people, he had a horror of physical ills. One
day when speaking to a friend (a lady) — an aident
Christian Scientist — ^he expressed himself appre-
hensive of having contracted a chill. The lady
chided him for his nervousness, and told him if he
made up his mind to be well he would not be conscious
of illness. She spoke of the triumph of mind over
matter, and lent him a book explaining the doctrines
of Christian Science. As he did not peruse ''The
Principles of Christian Science " he was, of course^
unable to express an opinion on the book, as he had
been requested to do. He e2ctracted himself from
the difficulty by the notelet which he wrote when
returning the book. It ran thus :

" Deab Lady,

'' Many thanks for so kindly lending me ' The

Principles of Christian Science,' which I now return.

Last night, alas ! I drank champagne and port at

dinner, and this morning feel neither a Christian nor

a Scientist.

" Yours sincerely,

" O'Brien."

CHRISTIAN SCIENCE 151

Once in his presence some friends who were dis-
cussing death happened to temark that this worid
was a vale of tears, and to leave it was a happy
release. My father, who up to that time had not
taken part in the conversation, then told the following
little anecdote of a friend, whom we shall call Colonel
Adams, though that was not his name. The Colonel
lived at a place which we shall call Ballyaller, a
dilapidated house completely isolated, in the West of
Ireland, Touchstone's words would describe the
Colonel's feelings — '* a poor thing, but my own " —
for he loved Ballyaller dearly. During his last illness,
which was long, the clergyman of his parish con-
stantly visited him to administer spiritual consola-
tion. One day, finding the invalid much depressed,
the clergyman spoke disdainfully of the fleeting joys
of this world, and dwelt on the glories of paradise,
describing the jasper city and all its beauties. The
poor Colonel listened politely, seeming to acquiesce
in everything, but when the clergyman had finished
speaking, said wistfully : '" To be sure, heaven may
be a very beautiful place, but I'd be quite content
if they'd only leave me at Ballyaller," meaning by
** they " the powers that be.

On the occasion of Queen Victoria's last visit to
Ireland, Her Majesty's Irish Chief Justice received a
command to dine with the Queen. This summons
placed him in a difficult position, as he. did not receive
it till the morning of the day for which the dinner
was fixed, and his Court suit was in London ! Luckily,
his tailor was a man of resource, and promised to run

152 RBMINISCBNCBS OF LORD O'BRIEN

up a suit in time, but he warned my father to bewaie
of gesticulation, or much movement, lest the hasiy
stitching might give. The suit was delivered in due
course, and the Chief hurried ofi to the Vicer^al
Lodge, hoping fervently that the stitches would hold,
and that he would not be seized with a fit of sneezing.
Fortanately, the stitches did what was required of
them, so that his nervous apprehension wore ofi, and
he was free to enjoy himself. When dinner was
over. Her Majesty, who sat in an arm-chair in the
centre of the room, sent for >>iTn and held a prolonged
conversation with him concerning Ireland and Irish
afiairs, which, he said, she discussed with much
intelligence. It was only when she rose and, leaning
on a stick, walked out of the room, that he realized
how aged and feeble she was. I have been told that
the Queen laughed heartily at my father's account
of how, when a serjeant-at-law, he bested a Swiss
hotel-keeper. One hot, airless night he arrived at
Lucerne, when the season was at its height, and drove
to one of the principal hotels. He was assigned a
small, stufiy bedroom, and on asking for a more aiiy
apartment, was informed that the hotel was so
crowded that there was not another room available.
He then inscribed the following words in the visitors'
book : '" Her Britannic Majesty's Second S^eant-at-
Law." This high-sounding title so greatly impressed
and perplexed the manager, that he debated as to
whether my father ought to be received with diplo-
matic courtesies 1 Needless to add, he was at once
given a splendid and spacious apartment.

CHAPTER XXVII

THS INTERNATIONAL BOAT RACE

It was due to my father's efEorts that the Inter-
national Boat Race took place in July, 1902, on the
River Lee, when a cup was competed for, the value
of which was some four hundred pounds. The entry
for this International Cup was larger than the entiy
for the Grand Challenge Cup at Henley. The
Leander Club was the first to declare that it would
send a crew to compete upon the Lee; Oxford sent
two crews, and Cambridge one fiom Emmanuel
College; Ireland entered eight of her best crews; and
G^ennany sent one from Berlin. This sporting event
was the most interesting that ever took place on Irish
waters, and was witnessed by an enormous concourse
of people, the crowd covering the two miles of
thoroughfare on both sides of the Lee. Every shop
in Cork was closed, and the weather, strange to say,
behaved so admirably that the beautiful river was
without a ripple. Bunting displayed itself gaily,
while pleasure-boats were decorated with the colours
of the various rowing chibs, the rose-red of the
Leander Club being everywhere conspicuous. Cork
is proverbially hospitable, and each and all vied in
entertaining and acconunodating the various ciews.

153

154 REMINISCENCES OF LORD O'BRIEN

My father threw himself heart and soul into making
the lace a success; it was characteristic of him to be
veiy eager about anything in which he was in-
terested. I hope he wished as ardently as I did that
an Irish rowing club would win. At one moment
Germany seemed likely to carry ofiE the trophy; there
was a moment of breathless tension when the German
crew led by a length; then the Leander caught them
up, and they rowed neck to neck for about three yards,
the Leander finally winning by one length. A storm
of deafening cheers greeted this most exciting finish.

'' I had no idea a boat race could be so thrilling/'
said a racing man when the race was over. '' Just
think — ^I, who have kept race-horses all my life and
bet largely, could have had just the same excitement
without expense."

Lady Bandon presented the cup to the victors.
My father was greatly pleased at the success of the
regatta, and at the orderly bearing of the vast as-
semblage. He had always an affection for Cork, the
scene of his early triumphs at the Bar. The boat
race attracted a great crowd, and as it took place
during the Cork Exhibition, did much to increase
the success of that enterprise.

When the race was first suggested, many persons
threw cold water on the idea. " You will never get
Irishmen to pull together, not even in a boat," was
the remark made to my father over and over again.
But he understood the Irish character, and the only
reply he vouchsafed was, " Won't I ? We shall see.

THE INTERNATIONAL BOAT RACE 155

Who aie the critics? Those who have failed in
life/'

He was lucky in having the assistance of Mr. H. G.
Gold, and of that athlete and man of letters Mr. R. H.
Lebmann. Both these gentlemen acted as umpires,
and my father's many fcciends helped him, with
their subscriptions, to provide the cup. One friend,
whom he met in the Kildare Street Club, when asked
or a subscription, wrote the following amusing
parody on Prout's well-known poem :

the Oroves of Blarney !
They aie bo charming
Around the Rock of
Sweet Cajolry I
Whence that noble Scion,
The Lord O'Brien,
In old Kildare Street
Came down on me,

With his high Mandamus,
(For his word that same is)
' Pay those two guineas I've
Assessed on thee
For my noble muster
That's to add new lustre
To the pleasant waters
Of the River Lee.'

Ohy Gam and IbIb
Have their great Boat prizes,
But when next Sunmier ends
Where shall these be ?
When their ancient story
Must yield its glory
To the glorious waters
Of the River Lee !

166 REMINISOENCBS OF LORD O'BRIEN

^ WImh all Brin'8 Island-
Town, plain and highland —
Shall joyful gather round
Our ' Chief ' from Clare,
dan of Kinkora
From Eilienora,
Ab he lifts hia * Loving Cup '
Beaplendent there."

CHAPTER XXVIII

NZWLAKDB H0U8S— ^THB INVISIBLB COACH

On leaving Castletown we anchored at Newlands
House, which is situated above Clondalkin, not far
from the Dublin Mountains. If the house is some-
what isolated, the surrounding scenery is lovely. In
spring the hills are yeUow with goise, while in summer
and in early autumn the heather and bracken are a
joy to the eye. We made many expeditions in the
neighbourhood, which afforded my father much plea-
sure. He was very fond of scenery, and would travel
any distance to obtain a good view. Newlands is a
very old house, and looks much older than it really is,
inasmuch as it is much weather-beaten, having been
bufieted by many a wild storm from the hills. From
an elevation in the grounds there is an extensive
panorama of Dublin and its surroundings.

A Dominican monastery nestles at the foot of Tal-
laght Hill, and in our rambles we frequently came
upon the monks, picturesque in the flowing blagk-
and-white habits of their Order.

At Newlands my father got togethw a pack of
basset hounds, and he used to derive much pleasure
in following them on foot.

There is a tradition that Newlands is haunted.

167

158 REMINISCENCES OF LORD O'BRIEN

It had at one time been the residence of Lord Eil-
waiden, Loid Chief Justice of Ireland, who was
assassinated in 1803, in the Emmet rising, under the
most tragic circumstances. The Lord Chief Justice,
when driving to Dublin to attend a meeting of the
Privy Council, was set upon by the rebels, dragged
from his coach, and stabbed. The terrified horses
returned to Newlands at a gallop, where Lady Kil-
warden met the empty coach. From time to time
ever since, the sounds of horses' hoofs are supposed
to be heard on the avenue, accompanied by the loud
rumble of heavy coach-wheels.

Inscribed on a pane of glass in a window at New-
lands is Lord Ealwarden's name. It is, as far as I
know, on the pane to this day. When my father
heard that the place was supposed to be haunted, he
asked if the ghost was an '' inside '* or an " outside "
one, and on hearing that the ghostly manifestations
were confined to the grounds, he took the house,
notwithstanding its rather gloomy history. When
we had been at Newlands about a month, I had a
strange experience. One lovely afternoon, in early
autunm, I was sitting alone in the drawing-room,
which is situated at the back of the house. The sun
was streaming through the open window, and a small
fire burned briskly on the hearth. It had been lit
more for the sake of cheerfulness than warmth.
Among the flower-beds I could hear belated bees
drowsily humming. I had an interesting book in
my hand, and was feeling lazy and immeasurably

THE INVISIBLE COACH 159

content. Nothing was further fiom my thoughts
than ghostly visitations. Suddenly I heaid the sound
of horses' hoofs on the avenue. Visitors, I thought
regretfully, and prepared to lay aside my book. I
listened for a moment, and concluded that visitors
were not coming, for the sounds were like those of
some heavy van or coach lumbering up the avenue.
I went into the hall and on to the doorsteps, looking
to right and left, but there was nothing in si^t. I
returned to the drawing-ioom much perplexed, feel-
ing that perhaps after aU there were such things as
ghosts, and that Lord Eilwaiden's invisible coach had
paid me a visit, though I experienced no feeling of
' alarm; it was almost impossible to feel nervous in
broad daylight with the sun shining biightly. When
my family heaid of the occurrence, they could find
no solution of the mystery, but seemed to think I had
been a prey to superstitious fears. My father cheer-
fully remarked that if Loid Eilwarden did drive about
the neighbourhood, he would have displayed a decided
lack of courtesy had he not called upon the Chief
Justice. The mysterious rumbling of coach-wheels
was explained shortly afterwards in the following
manner: One day, happening to be in the grounds
at the rear of the house, I again distinctly heard the
rumbling of heavy wheels. My sister, who had been
with me a few minutes before, had gone indoors. I
thought she was still near, and called out loudly, '' Do
you hear the coach on the avenue V^
There was no answer to my question, but my own

160 REMINISCENCES OF LORD O'BRIEN

woidfl came back to me distinctly, thus enabling me
to solve the mysteiy of the invisible coach; for in
that part of the grounds which was situated about a
hundred jrards or so from the drawing-room, where
I had first heard the rumbling of the wheels, there
was a loud echo. I called out several times, and
always heard my own voice borne on the breeze. I
then went towards the wall which surrounded the
domain, and, looking over, saw a heavy dray going
down the Nass Road. It was only at one particular
spot that the sounds were audible, and that spot was
situated in a direction parallel with the drawing-room
at the rear of Newlands; from the front of the house
the sounds could not be heard.

This is the somewhat prosaic explanation of Lord
Eilwarden's coach.

It was supposed that there was a hollow somewhere
under the grounds at Newlands, which has served as a
lurking-place for rebels, and which communicated
with a secret passage leading to the Dublin Mountains,
where the rebels used to hold meetings. In this
cavity a treasure was supposed to be buried. How
many hours I wasted looking for the treasure, and
the secret passage I

CHAPTER XXIX

GABLSBAD— VSB8AILLES

In the summer of 1908 my father joomeyed to Carb-
bad under his doctor's orders; I accompanied him.
He derived much benefit from the Sprvdd waters, the
change of scene, and the invigorating air. What end-
less and delightful rambles we took through the great
pine forests ! Walking through the woods, inhaling
the fragrant scent of the pine-trees, forms part of the
cure at Carlsbad. The forest to us was a haunt of
endless joy. How delightful were its cool, mysterious
depths ! How noble its great upstanding, blue-black
firs ! A winding path would bring us suddenly in
sight of some flower-bedecked shrine where sufiering
pilgrims knelt, praying probably for restoration to
health. Life begins early at Carlsbad; people are
astir before five o'clock in the morning, and are to
be seen at the Sprudd drinking their glasses of water.
The queue at the well is often half a mile in length,
and in it one sees representatives from every nation,
progressing literally by inches to their goal. One
day we motored to Marienbad to call on a friend.
In the street there we met His Majesty Eang Edward,
who honoured his Irish Chief Justice by stopping to

say a few words to him. His Majesty, ever anxious

161 11

162 KEMINISCENCES OF LORD O'BRIEN

to promote pleasant social inteicouise, bade us call
on Monsieur C16menceau, who was then "" doing a
cure " at Carlsbad. My father obeyed orders, feeling
somewhat apprehensive lest Monsieur Clemenceau
should not be able to speak English, in which case,
he said, " I shall have to air my County Clare French."
However, we found that Monsieur dSmenceau
spoke English perfectly. He received us most cor-
dially, and as he was leaving Carlsbad in the course
of a few days, suggested that we should call upon
him when passing through Paris on our way home.
This we did, and he made things very pleasant for
us in the French capital during our brief visit there.
Indeed, this visit to Paris stands out as one of the
pleasantest experiences in both our lives. It was
late in September when we reached Paris; the weather
was glorious — ^fine and dry. Each day we made
interesting excursions. We visited Versailles and
Fontainebleau, and as we had special permits, owing
to the kindness of Monsieur Clemenceau, we were
admitted to many places of interest not usually open
to the public. At Fontainebleau we were shown over
the apartments of Napoleon and Josephine, and the
rooms once occupied by the spirituelle de Maintenon.
We sat upon her sunny balcony overlooking the
famous carp pond where she and the Roi Soleil were
wont to sit chatting in their old age, when both were
the victims of rhetunatism and failing health.

We were greatly interested in pictures of Madame de
Montespan and of Louise de la Valliere, and my father,

VERSAILLES 163

who had a penchant for the gentle de la VaUidre (for
which Whyte-Melville's charming novel " Sister
Louise " was responsible), was forced to acknowledge,
very much against the grain, that she was plain —
distinctly plain. His disillusionment caused me much
amusement, and I could not resist chaffing him. But
he appeared so downcast that I toqk pity on him, and
told him by way of consolation that in all probabilily
the painter had not done her justice. We also visited
St. Germains, interesting to English people inasmuch
as the exiled James II. and his consort, the lovely
Mary Beatrice of Modena, took up their abode there
after the flight from England. Only a few stones
remain to mark the spot where the palace stood,
which was destroyed by the Conmiunists. From the
Pavilion Henri Quatre, near the ruins, we obtained
a glorious view of the Seine, quivering and glittering
in the autumn sunlight as it wound its way, like a
silver ribbon, through the pleasant land of France.

CHAPTER XXX

ABB0T8F0BD — ^DBYBUBQH ABBB7 — 8BDAN DAY — HE&BEBT

BISMARCK — ^LORD WOLSELSY

In the autumn of 1912 my father and I made an
expedition to Scotland, where we stayed with Sir
Richaid and Lady Waldie Griffith at Hendersyde
Park, romantically situated on the Tweed. It was
his last visit to Scotland, and he thoroughly enjoyed
it. He delighted in the historical associations of the
Border country; and, an enthusiastic admirer of Sir
Walter Scott, he was in his element in Scott's country.
We made a pilgrimage to Abbotsford, where we in-
spected Sir Walter's library with much interest. My
father had the greatest admiration for Scott's in-
domitable courage when, confronted with the pros-
pect of financial ruin in his old age, he began writing
again, and rebuilt his fortune by his pen. He spoke
of how incessantly Scott worked, and dwelt on this
incident in Scott's life. He told me that Lockhart,
when living in Edinburgh, used to see in the window
of a house opposite his, a hand constantly writing.
This busy hand, running over the paper, was all that
was visible between the curtains. First thing in the
morning and last thing at night, Lockhart saw it.

He grew curious to know to whom the hand belonged,

164

ABBOTSFORD 165

and discovered that it was that of Sir Walter Scott,
working indefatigably at his immortal novels. What
pleasure my father derived from the Waverley Novels !
In fact, he read few other works of fiction. He was
never a great reader, but read the books he liked over
and over again, which comprised Shakespeare's plays,
the Bible, and Scott's novels. He was once seriously
aimoyed with me because I ventured to say in his
presence that the Waverley Novels belong to a past
age. I never recollect seeing him read a modem sen-
sational novel. Historical works greatly interested
him, and he had a ipdng for the writing? of Harrison
Ainsworth. He confessed that in his youth he had
shed copious tears over "Guy Fawkes." Of the
Waverley Novels, his favourites were " Ivanhoe,"
" The Heart of Midlothian," and " Woodstock." He
could quote passages from them by heart. A favourite
passage of his was the one from " Woodstock " be-
ginning: " Oh, Antony Vandyke, what a power was
thine !" It is spoken by Cromwell when, overwhelmed
by emotion, he suddenly sees a picture of Charles I.
My father had a liking for Scott's poetiy, and wished
to visit Melrose Abbey, so our kind host and hostess
motored us there, but not " by the pale moonlight."
We also motored to Jedburgh Castle, where Queen
Mary stayed when she rode from Holyrood to meet
Bothwell.

We were pointed out Queen Mary's Mire — a
marshy field, in those days a quagmire, where many
of her retinue were engulfed. My father quoted

166 REMINISCENCES OF LORD O'BRIEN

freely from " The Abbot " and " The Monastery,"
and would ever and anon break o£E to exclaim,
'' What a debt of gratitude Scotland owes to Scott !
Why, he immortalized every stone here/'

Before we left Scotland we visited Dryburgh
Abbey, where Sir Walter Scott is buried. The old
abbey, at once so grand and peaceful, seemed on that
autumn afternoon a meet resting-place for the great
Scotchman. It was too late in the season for ex-
cursionists, so that we had it all to ourselves. Nothing
disturbed the silence save a robin, which, perched on
the novelist's tomb, bravely sang its melancholy
autumn song.

This visit to Scotland was the last of the many
delightful expeditions we made together. I was his
constant companion from my early childhood, and
shared many of his experiences. My sister and I,
when quite small children, rode by his side up the
Brocken in the Hartz Mountains, amusing him the
while by our prattle of Faust and the Witches'
Sabbath. He encouraged us to talk freely with
him, and never talked ^' down " to us, an aggravating
habit common to many "' grown-ups." On reaching
the summit of the Brocken, we came upon a large
crowd of schoolboys beating drums and waving flags.
We inquired the cause of this jubilation, and were
told that as it was the 4th of September, they were
celebrating the anniversary of the Battle of Sedan,
as is the custom in Germany. I remember him
telling us of the Franco-Grerman War, and of the

HERBERT BISMARCK 167

Geiman success at Sedan, and he told us what in-
sufieiable aiis the victois gave themselves at the
close of the war, bragging of their successes, and
that their bounce and swagger were quite unbearable.
He thus kept two little girls interested all day.

It was only when we returned to our hotel that we
realized how tired we were, and what a long excursion
we had made. He was much interested in military
strategy, and liked discussing famous battles. As a
child, at his request, I read aloud to him Sir Edward
Creasy's "Decisive Battles of the World," and he
insisted upon my marking on the map places where
important battles had taken place. Though these
readings were doubtless improving, I fear I did not
enjoy them as I ought. In those days I found Sir
Edward Creasy very dry; the words seemed very big,
and the names very unpronounceable. My father
visited Mars la Tour, Sedan, and those places where
important actions had taken place in the war of
1870. When Coxmt Herbert Bismarck was the
guest of Lord Londonderry in Dublin, he called
upon my father at the courts. As they were talking
together, Count Bismarck gave a sudden wince, as if
in pain* " What is the matter, Count ?" asked my
father. " Oh, nothing to signify," came the answer;
'* only a rheumatic pang. My leg is Uke a weather-
cock, since some damned Frenchman put a bullet in
it in the Franco-Prussian War."

Count Bismarck was much struck at seeing some
dilapidated, ill-countenanced men waiting to be tried.

168 REMINISCENCES OF LORD O'BRIEN

"' Suiely/' he said, '" each of these rascally fellows is
not to be separately tned. What a waste of time !
It would be wiser to hang the lot." He was good*
humouxed and pleasant, very homely in his manner;
indeed, there was very little KtMur or BUdwig (which
is the better word) about him. At dinner he partook
largely of oysters, and astonished us all greatly by
drinking champagne and porter at the same meal.

Once when my father and I were travelling we
found ourselves in the same compartment with Lord
Wolseley, who was a most entertaining conversa-
tionalist. After a time he and my father discussed
wars and warfare. My father observed that con-
ducting a campaign must be a terrible strain on the
nervous system. '* Yes/' answered Lord Wolseley,
"' one must keep very fit and practise abstinenoe.
For weeks before the Battle of Tel-el-Kebir I eschewed
even the mildest cigarette, but when victory was ours
I smoked sixteen straight oS without a check, and
how I enjoyed that smoke !"

CHAPTER XXXI

BBSIQNATION — ^LAST BAYS

Mt father resigned the Chief-Justiceship of Ireland
in January, 1913. When the news appeared in the
papers he received many messages of regret and
affection, especially from Clare — ^he was ever proud
of being a Clare man. The Bishop of EiUaloe wrote:

" Eknis,

" 19. 11. 13.

" My dear Lord O'Beien,

" I must write one most sincere word to say

with what genuine sorrow I see it announced that

you are about, because of ill-health, to resign the

office of Lord Chief Justice, which you have filled

for so many years, and with such splendid dignity.

I think, too, that in this matter I can speak not

only for myself, but for the great body of the

people of dare, especially that portion of the people

for which I am specially responsible, who all regret

your illness, and with whom you have been always

popular, feeling as they did that in you they had

a true and courageous friend who never forgot the

country where he was bom.

" I wish you a speedy return to perfect health,

169

xoi

170 REMINISCENCES OF LORD O'BRIEN

and I earnestly piay the Gk>od God Who has blessed
your life so piopitioosly to giant you still many years
to enjoy your well-earned repose.

Believe me, dear Lord O'Brien,
Yours sincerely,

F. M. FOGHERTY,

'' Bishop of KHMoe:'

Another Clare friend wrote:

" . . • I knew you first as Peter O'Brien, and
afterwards as Peter the Packer, and I then followed
your career all through, and I have always been
proud of you, and of Clare for having produced so
eminent a lawyer."

Mr. Birrell, who had remonstrated with him for
resigning, wrote thus :

" You have slipped through my fingers most
scandalously. Will we get a better Irishman than
you to cajole a jury into observing their oaths ?"

All these jkind messages touched my father greatly.
He felt keenly his severance with Bench and Bar.
We hoped that once his resignation became a fait
accompli, his health would improve, but such was not
the case« He missed his accustomed work. Perhaps
his most remarkable trait was his love of his profes-
sion. He was greatly interested in everything asso-
ciated with the Bar of Ireland, and was proud of its
achievements. He was ever ready to hold out a
helping hand to a nervous young barrister, and if he
could honestly give a word of praise or encourage-

LAST DAYS 171

ment, he never let the occasion slip. On the Bench,
he was ever courteous, considerate, and forbearing.

As the months wore on we could see he was failing,
but with the approach of summer he made a wonderful
laUy, and we hoped that we might keep him with us
for a considerable time. By August, 1914, his health
had so improved that he was able to be out again.
One fine sunshiny morning in the early days of the
War, he and I went for what was to be our last drive
together. We had shopping on hand, and on reach-
ing Grafton Street, we found a vast crowd assembled
to see some regiment march to the North Wall for
embarkation, its final destination being the Front.
We drew up to see it pass. There was a scene of
boundless enthusiasm; the windows above the shops
were thrown open; workgirls appeared, cheering and
waving handkerchiefs. A steady stream of soldiers
poured past, the officers riding alongside of the men,
who were singing bravely. An officer, recognizing
"The Chief," as my father was affectionately called,
saluted when passing the motor. The men, most
of them Irish, and many of them probably DubUn
boys, evidently knew him by sight, for they all
saluted him, and he returned each salute. When the
last soldier disappeared, I turned to spe^k to him.
His eyes were full of tears; he knew full well that he
would not be spared to witness their return. A
month later, on the 7th of September, he passed
away peacefully, in the presence of those whom he
loved, who were gathered round his bedside.

172 REMINISCENCES OF LORD O'BRIEN

After the blow liad &dlen, my mother received
many kind letters to condole with her on her irre-
parable loss. Lord Londonderry (alas, so soon to
follow !) sent one of the first messages of sympathy,
writing:

'' . . . I can assure you my regard for him whom
I always called Peter was very great. He was
always the dearest and kindest friend to me. I shall
ever look back to that friendship with feelings of
the greatest pleasure. I am indeed glad to think
that I went to see him at Bath, for I gathered from
Sir Edward Carson it gave him great pleasure, but I
would have done more for him than this."

Sir Horace Plunkett wrote thus appreciatively of
his high courage:

" Deab Lady O'Brien,

'' I have avoided the flood of letters purposely.
It gives less pain, too, when such bereavements are
recalled after the first shock is past. Allow me now
to send my tribute of deep sjonpathy with you and
your family at the passing of your distinguished
husband.

'' What always struck me most in his career was
his wonderful courage. Few men of his time had
their courage more thoroughly tested. He never
once lost his cheerfulness ! It was a full hfe, and,
considering what he went through, the end came no
sooner than his friends might have expected, much

TRIBUTES OF SYMPATHY 173

as they would have wished a long cahn evening after
such a life of stienuous service.

"" I wish you and your family all the coniforts
which you should derive from the remembrance of
his achievements and his charm, and from the know-
ledge that a very wide circle of friends is deploring
his loss and sympathizing with those near and dear

to him.

" Believe me,

Yours sincerely,

Horace Plunkbti."

APPENDIX I

TBIBT7TE FBOM THE JUDGES

At the opening of Michaelmas Teim at the Four
Courts, the Judges of the King's Bench Division met
together and paid a tribute to the memory of my
father, who for a quarter of a century occupied the
position of Loid Chief Justice of Ireland.

The Loid Chief Justice said that as this was the
first occasion since the lamented death of Lord
O'Brien of Eilfenora that this Divisional Court had
sat, it was right that he as the President of the Court
should express on his own behalf and on behalf of
his colleagues of the Bench, the officials of the Court,
and he hoped also on behalf of the Bar and the
SoUcitor profession, their feehngs of very deep regret
at the death of Lord O'Brien. The career of Lord
O'Brien was known to them all. He was for twenty-
five years President of this Court, and before that he
was a law officer of the Crown. The older members
present recollected him as a practising barrister, the
younger only as a Judge. If they appealed to any
of these, the older or the younger members, as to
what they thought was the chief characteristic of
the late Judge, he thought they would all agree in
saying that it was his great courage. He was an

174

TRIBUTE FROM THE JUDGES 175

Irishman to the backbone — ^a typical Irishman — and
he possessed in a high degree that high quaUty which
they rightly or wrongly associated with their race —
that of courage. As a barrister he was a fearless
advocate, and as a law officer he obtained promotion
very early in life. Many of them recollected the
years in which he was Solicitor-General and Attorney-
General. They were troublous years, of great storm
and stress. Political passions ran high and acts of
violence were committed throughout Ireland. The
Executive took means to restore order. There was
a good deal of difference of opinion among persons
of all classes with regard to those means, as to whether
they were right or wrong; but whatever view they
formed of that matter, everyone admired the courage
of the Attorney-General, Mr. Peter O'Brien, who
discharged the duties of his office often at great
personal risk to himself. When he became a Judge,
the chief quaUties that distinguished his career were
his firmness and his sound common sense. Other
Judges might have exceeded him in knowledge of
case law and statute law, but no Judge had a firmer
grasp of legal principles than Lord O'Brien, and he
applied them with courage and firmness, with dignity
and with consideration for all parties. His judg-
ments were models of lucidity and care. Knowing
as he did the Irish character most thoroughly, he
always had great weight with a jury, and his loss to
the Bench was very severe. They all recollected a
year ago when failing health compelled him to resign

176 REMINISCENCES OF LORD O'BRIEN

his high office, and they regretted that so few days
were spared to him after his retirement to enjoy his
well-earned leisure. They all mourned his loss, not
only as a Judge, but as a friend, and they desired
to tender Lady O'Brien and the other members of
his family their very sincere and deep sympathy in
their bereavement.

The Solicitor-Oeneral said that in the unavoidable
absence of the Attomey-Qeneral he desired to join
in the tribute which had been paid to the memory
of Lord O'Brien.

In the course of a long and eventful career, Lord
O'Brien had many critics but few enemies, for even
those who differed most from him were attracted by
the fine quaUties of the man. Chiefly, perhaps, by
the courage referred to by the Lord Chief Justice
with which he pursued what he conceived to be the
path of his duty, and by the kindliness of disposition
which always characterized him — ^his was a big heart.
They at the Bar especially knew and experienced his
kindliness. There was not one of them whom the
late Lord O'Brien did not at some time or other
assist by his encouragement or advice. Above aU,
he was a good friend to the struggling junior; he was
always for the weak, against the strong. As a Judge
he was patient in his search for the truth, and with
an extraordinary instinct for finding it. No Judge
of our time could try a case at Nisi Prius better than
Lord O'Brien; no one did more to uphold the dignity
of the courts: he insisted that the forensic battle

TRIBUTE FROM THE JUDGES 177

should be fought, as it always should be fought,
accoidiug to the rules of the game, without peisonal
animosity or heat. Bearing these thing? in mind,
and with deep sympathy for his sorrowing friends,
the Bar of Ireland reverently placed their tribute
of afEection and respect on the tomb of a great Judge
and a great Irishman.

APPENDIX II

8PBBGH ON women's SUFFSAOS

My father made an important speech on Women's
Suffrage, at a meeting in the Antient Concert
Rooms, held under the auspices of the Conserva-
tive and Unionist Women's Franchise Association,
when an address on the subject was delivered by
Mrs. Fawcett.

The speech attracted widespread attention, and its
deUvery was received with great enthusiasm and was
punctuated by repeated applause. He said:

A very great privilege has been conferred upon me
to-night. I have been asked to propose a vote of
thanks to Mrs. Fawcett for her address. You will
all agree with me that she eminently deserves it.
However much the object she advocates may continue
to be the subject of controversy, there is, and can be,
no doubt but that the address she delivered was
altogether admirable. It was interesting — ^intensely
interesting. It was characterized by a high order of
eloquence and by very cogent logical power. The
treatment of a much controverted subject was lucid
and exhaustive ; and the delivery — no small point in a
pubhc address — ^was simply perfect. And perhaps
you may consider that I am not the less qualified

178

SPEECH ON WOMEN'S SUFFRAGE 179

impartially to appreciate the great merits of Mrs.
Fawcett's address, because I belong to no party, to
no society, to no association, whether for or against
the suffrage. I am merely a listener, though un-
doubtedly a very interested one« Well, what is the
inmiediate impression left upon our minds ? What
is the object-lesson we have learned ? Is it not this —
that there is no sanction, in justice or expediency,
that a woman should remain unenfranchised simply
because she is a woman ? That the objection based
upon the ground of sex rests upon no solid foundation ?
Of course, a woman cannot transmute herself into a
man, nor can a man transmute himself into a woman;
we all rejoice, both men and women, that such a
metamorphosis is impossible* . But, nevertheless, no
doubt you have heard the expression, "' He is an old
woman of a fellow " — ^that is to say, he is so imbecile
that he is really a negligible quantity. But the male
old woman, if I may illustrate the position by a con-
tradiction in terms, no matter how senile and incom-
petent he may be, provided he be neither a sheer
idiot, lunatic, nor alien, if he can ful£l those conditions
as to the occupation of property and payment of
taxes which women as well as men can fulfil, is en-
titled to the franchise; whereas a woman, did she
possess all the wisdom of Minerva and all the wealth
of Croesus, did she pay all the taxes assessable in
respect of vast possessions, both in land and money,
ai^d were she endowed with all the political capacity
of Mr. Gladstone, Lord Beaconsfield, Mr. Arthur

180 REMINISCENCES OP LORD O'BRIEN

Balfour, and Mr. Asquith rolled into one, nevertheless
must stand outside the franchise because she is a
woman. This is certainly anomalous. Well, how
did this disability, arising from sex, originate ? When
did it originate ? It had its origin in a semi-barbarous
age. It was not the creation of statute, but came
into being when mere physical force, mere physical
prowess, was everything, and when man, the repre-
sentative of physical force, had it all his own way;
at a time when men rushed heedlessly, incontinently,
to the arbitrament of the spear or the sword, and
when women, by reason of their inferiority as regards
physical prowess, were in a state, I might say, of
domestic slavery. There was an action at law some
few years ago in this country which created a great
deal of interest at the time. It involved the question
whether women were entitled to vote at the election
of Town Commissioners. The negative — ^that is to
say, that women were incompetent to vote— was es-
tablished by a narrow, by a somewhat fortuitous,
majority of one in a Court of Appeal, the primary
Court having been unanimously in favour of women.
Lord Chief Justice Lefroy, Chief Baron Figot, and
Chief Justice Monahan — ^three of our greatest Judges
— ^were in favour of afiSrming the right of women to
vote. Chief Baron Pigot said he could not attach to
women the disability which we are discussing here
to-night, as the monarch who wears a crown might
be a woman. His words — ^I am sure they will be
very interesting to Mrs. Fawcett — ^were:

SPEECH ON WOMEN'S SUFFKAGE 181

" The reign of that Queen (i.e., Queen Maiy) was
followed by that of Queen Elizabeth, of whom Lord
Plunkett said that no monarch ever better knew the
royal art of reigning. The intervening reigns of
Queen Mary (Consort of William III.) and of Queen
Anne have been now followed by that of another
female Sovereign, not less illustrious than any of her
predecessors — ^her present Majesty. I cannot hold
that in this realm, in which a female not only may
reign, but does reign, in her own right, there is in
women a common law disabiUty arising out of mental
incapacity."

This is the language of Chief Baron Pigot. Well,
if you want a thing done, and you are in earnest about
it, what are you to do ? This, in my opinion — do it
yourself if you can; and if you cannot do it yourself,
get others whom you consider best qualified to do it.
But what is the position of woman ? She cannot of
herself compass the reforms she desires, nor can she
vote for others whom she considers best qualified to
achieve them. To illustrate the anomalous character
of the present state of things, I might refer to the
position of Miss Purser — ^a very distinguished young
lady. She obtained two gold medals and a student-
ship in Trinity College. She could achieve no greater
distinction. At the present moment she lectures in
the place of that eminent scholar Professor Dowden,
who, I regret to say, is unwell. Several scholars of
the University who are entitled to vote attend her
lectures, yet she who lectures them has no vote, is

182 REMINISCENCES OF LORD O'BRIEN

not competent to vote, in the Univetsity because she
is a woman. I think you wiU all agree that theie can
be no greater anomaly than this.

But what was the ground of decision in the case
I referred to ? This — ^that women were, in the eye
of the law, subordinate to men; that they were in-
ferior in judgment, discretion, and physical capacity.
As regards the latter, as r^ards physical capacity,
they are, no doubt, inferior to men; they are not as
physically strong as men; they could not endure the
physical sufferings of war as well as men. The general
body of women are not so many Joans of Arc; they
do not profess to be either warriors or saints* They
claim no title to the special interposition of heaven
on their behalf; they merely say that they belong to
the great human family, and that, if the one portion
of that &mily is entitled to any privilege, then, if
the conditions be identical, so is the other portion
too. As far as judgment, discretion, and mental
capacity are concerned, I think most women are quite
on a par with most men. Their intuition is quicker,
their instinct is truer, and their tact is greater than
that of most men. Women are more self-sacrificing
than men; and from the time of Adam to the present
hour their moral intrepidity has been quite equal, if
not superior, to that of men. Our great male pro-
genitor, when reproached for his disobedience in
eating the forbidden fruit in the Garden of Eden,
exhibiting a degree of poltroonery that can never be
forgotten, said, pointing to Eve: ''The woman
tempted me, and I did eat."

SPEECH ON WOMEN'S SUFFRAGE 183

In the field of edaoation, as t^aids the capacity
to acqtiire and impart knowledge, women have un-
doubtedly achieved great distinction. On this part
of the argument I might appeal to the annals of
Oirton College and its long list of litetaiy distinctions.
A daughter of Mrs. Fawcett qualified, so far as re-
lated to examinations, for a Senior Wranglership in
Mathematics at Cambridge, beating all male com-*
petitors in the subject which tries the intellect most,
and in which great success involves the possession of
the highest intellectual capacity. And I have in my
hand here a list of the names of other daughters of
that college, renowned for their many scholarly dis-
tinctions. So likewise as regards our own great
University.

But now let me turn to a more piaotical aspect of
the question, and as|k. What in this practical age are
the conditions which entitle — ^which ought to entitle
-^ person to the franchise ? Contribution to the
public purse and capacity to assist the State by pre-
moting the public weal. Well, do not women con-
tribute to the pubhc purse ? Are they not quaUfied
to assist in promoting the public weal ! What those
women who support female su£Erage complain of is
that there has been, so to spe^, an illogical halt in
the matter; that very consideration which made the
Legislature go as far as it did go ought to have brought
it farther. Mrs. Fawcett has dealt with this most
elaborately. She has pointed out with much detail
the several positions which women were considered

184 REMINISCENCES OF LORD O'BRIEN

capable of filling and made competent by statutory
enactment to fill. So gieat is tbe change in the law
that, having regard to the Married Women's Property
Acts, a woman who, in relation to her husband, was
formerly considered a mere nonentity can now sue
him. A wife can now be a plaintiff and make her
husband defendant. Not only can she hold property
independently of her husband, but she can, as a sole
plaintiff, sue him in our courts of law in respect of
that property. WeU, what measure of support has
the object advocated to-night received ? I need not
refer to John Stuart Mill; but I am desirous, vexy
desirous, to show that the subject has not been tieated
on mere party lines. Sir Henry Campbell-Bannerman
supported it; Mr. Haldane, a distinguished lawyer and
politician, is in favour of it; and Mr. Arthur Balfour
— ^last, but certainly not least — spoke and voted for
the same object. Mr. Justice Madden, equally distin-
guished in law and letters, who voted for it, informed
me that the Bill on the subject of female suffrage intro-
duced in the House of Commons was dealt with on
non-party lines. I am myself a sort of cross-bench-
man — I hear what all sides say, but I belong to
none.

It has also been said that there is no general de-
mand for the suffrage on the part of the great body
of women. I do not know exactly how this may be;
but it would appear to me to be illogical and unfair
to refuse to giant the franchise to a vety substantial
portion of the female sex who are entitled to get, and

SPEECH ON WOMEN'S SUFFRAGE 186

who seek to get, it, because otheis may be indifferent
to it. These latter object to it, so far as I can gather,
owing to an unreasonable apprehension on their part
that their character for refinement may be preju-
diced. I do not for a moment say that they are vain;
but perhaps they are hjrpersensitive.

There is one other objection which certainly de-
mands consideration. It is said that the gentle,
sympathetic nature of woman, and her delicacy and
refinement, and devotion to home, would be seriously
interfered with by the turmoil of elections, and that
that turmoil would be aggravated by the emotional
nature of women; and it is urged that they would
become so many shrieking sisters, so many poHtical
scolds. But even at this present moment, when men
reign supreme, the political arena is not characterized
by the silence of the desert. However, I do not
think this retort is a &ir way to put the argument.
From men's point of view what is meant is this —
and the contention, so far from being disparaging to
women, is really complimentary to them. It comes
to this, that men admire women so much as they are
that they deprecate all change. So profoundly im-
pressed are some men — ^indeed, most men — ^by the
other sex that they wish to stereotjrpe them as they
are. This part of the ai^ument, in my opinion, caUs
for the gravest consideration. Take a professional
man: what is the greatest, the best, fortune he can
receive ? In my opinion, a good wife. Every pro-
fessional man, no matter how brilliant he may be.

186 BSMINIBCENGBS OF LORD O^BRIEN

has nps and downs. There is the hour of disaj^int-
ment as weD as the hour of success. In fortune's
smile the hnshand's tnamph is the gieater beoanse
the wife shaies his joy. When fortune frowns the
wife's qrmpathy is a pricdesB boon. When he looks
upon her who, fox better for worse, has been made the
companion of his life, and sees, it may be, the children
she has brought him, he shakes off his sense of de-
pression and braces himsdf for renewed ezerfcion.
This is home in its highest aspect, and did I think that
confeniiig the franchise on women would interkute
with the sanctity of the home this movement would
not receive one word of support from me. But I am
satisfied that it would have no such effect. Con-
ferring the franchise on women would, in my opinion,
enlarge the area of interest for man and wife, and by
inducing the wife to look abroad on the wodd, would
enable her to see what is best not only for her husband
and herself, but for their children too. She would
be better qualified to teach the children the way they
should go to secure success in life. She would learn
what pitfalls were to be avoided, and what road was
best calculated to lead to success. She would be
better qualified to choose {Href essions for her sons and
— ^a delicate matter — husbands for her daughters; and
perhaps she might learn the lesson that at times she
might be justified in bestowing the hand of her
daughter upon a man who, on his part, had nothing
but his heart and his brain to bestow. Her greater
experience of public life would enable her to gai^

SPEECH ON WOMEN'S SUFFRAGE 187

moie accmateiy what was in a man— what mannei
of man he was, and what he was li^kely to achieve.

But it is said yoa most be logical. Yoa must give
seats in the House of Commons to wom^i if you give
them the franchise.

This, in my opinion, is not so. It does not at all
logicaUy follow because yon give votes to women to
empower them to send men to the House of Commons
that they should themselves have seats in that House.
People who advance this argument confound the
right of representation in the House of Commons
with a right to sit there. Representation is one
thing, actual service in the House of Commons is
another. A Member of Parliament makes politics a
profession. A right to vote for a Member of Parha-
ment certainly does not make the person who ex-
ercises that right a professional politician. In form-
ing an opinion as to who is deserving of a vote, a
woman need not leave her home and its surroundings.
A seat in the House of Commons — at least, so far as
Irish women are concerned — ^would necessitate her
leaving not merely her home but her country. It is
said at times that women are too emotional for public
life. Well, experience, as far as it goes, contradicts
this. We hear no complaints from those countries
where women enjoy the franchise; but responsibilily
is a very effective preventive — a very cooling seda-
tive. As to the objection, founded on the turmoil
of elections, I do not think, now that the Ballot Act
has been passed, that a woman's nature would suffer

188 REMINISCENCES OF LORD O'BRIEN

much £rom walking to the polling-booth to make a
cross upon a ballot-paper. The one danger which I
would apprehend is that, as there is in most partner-
ships a predominant partner, there might, in the
partnership of marriage, be a predominant partner
also, and that the latter, whether husband or wife,
might have in efiEect two votes.

I do not mean a predominancy gained by methods
of aggression, but by that ascendancy which a strong
mind insensibly and unconsciously acquires over a
weaker one. This objection as to a double vote
would not, of course, apply to spinsters and
widows.

I fear I have spoken far too long; but before I
conclude shall I say anything about the great topic
of the hour — ^the doings of the ** militants "? Per-
haps I may teU you of an experience I had a few days
ago. I met a very charming miUtant sufiragette-
she looked meekness itself — and, encouraged by her
gentle deaie«K,«r, in my most^nave tolie I »id:
'' Take care that your drastic operations do not
create a revolt in the public mind against your move-
ment." Iiomediately her expression hardened, and,
with a look of scorn, she exclaimed : '" Don't be
affected." I replied: " I am not affected." There-
upon she said, with much acerbity : '' What political
battle, what reform worth the name, was ever won
without some show of physical force — call it excess
if you will ? Don't you know that it was the action
of us militants which brought our movement to the

SPEECH ON WOMEN'S SUFFRAGE 189

prominent position that it at present occupies — ^that
but for us it would have ever remained in the languid
atmosphere of unavailing ai^oment ? Where would
the movement be but for the energy of the militants ?
Why, in a back seat in some obscure comer." Before
I had time to reply the young lady added: "' Did you
know Mr. Gladstone ?" '' I knew him/' I said, '' to
be a pre-eminently great Liberal statesman; a man
of surpassing intellectuality, of stainless moral char-
acter, and of great refinement." " Well," said my
young lady friend, '* with all his refinement, with all
his intellectuality, with all his stainlessness of moral
character, he said that the Clerkenwell explosion —
the attempt to blow up the Clerkenwell Prison —
brought the question of the disestablishment of the
Irish Church within the range of practical politics."
Then, with a lofty wave of the hand, the young lady
added : " You were never bom to be a statesman; you
are a mere Judge." '" Well," I replied, " statesman
or no statesman^ mere Judge or no mere Judge, if
you are brought before me for a criminal ofience, I
will sentence you to imprisonment." '" Sentence me,"
she cried, '' if you will; gladly will I go to jail to attest
by my sufferings the sincerity of my convictions."

But I must pass away from this enthusiastic young
lady and her militant propaganda. For myself —
had I to decide the main issue in the case before me
— ^I might find it necessary to reserve judgment.
But one point at least requires no lengthened delib-
eration, and that is that Mrs. Fawcett is entitled to

190 BEMINISCENCBS OF LOBD O'BBIBN

oat fullest meed of admiiation. We hope we have
not seen the last of her; we hope that we may have
her ¥dth us veiy soon again; we will hail her advent
with great joy, not merely because we are an hospitaUe
nation, but because we bdieve her noble intellect
does honour to her ses.

INDEX

Abbotsvord, 104

AdaiiiB» Riohard, Goanty Oourt

Judge, 54
Ainsworth, HatriBon, 165
AlTeistone, Viaooiint^ 76
Ardilaon, Lord, 46
Armstioiig, Serjeaat, 137
AtkuMon, Lord, 83-85, 144

Bftiley, Fenian, 51

Balfour, the Right Hon. A. J., 71, 78,

82-87
Bandon, The Ooonteas of, 154
Bannerman, Sir Henry 0., 184
Banett^ Trial of, 35
Barry, Jodge, 48
Beaoonsfield, Lord, 179
Beresford, Lord Gharlee, 68
Beteslord, Lord Miarons, 68
Bergin, Chevalier, 140
Berkeley, Bishop, 144
Birrell, Mr. Angnistine, 110
Biamarok, Goont Herbert, 167
Blarney, Groves of, 155
Blunt, Mr. WUfred, 81
Blnnt, Lady Anne, 82
Boat Race, Intemational, 153
Botany Bay, 12
Brady, Lrieh Invinoible, 63
Breach of Promise Oases^^l, 14D
Brooken, 166
Brosnan, Mrs., 36
Brown, Thomas, 35
Brown, Mrs., 36
BnOer, Sir Redvers, 69
Bailor, Lady Audrey, 70
Barke, Under Secretary, 53
Barren Ooantry, 17
Boshe, Chief Jostice, 104
Batt, Isaac, 22, 104
Byrne, Inspector, 81
Byrne, Mrs. Frank, 56

OafiErey, Invincible, 53
Campaign, The Plan of, 81-86
Carey, James, Invincible, 52, 63
Carey, Peter, Invincible, 58
Carey, Serjeant, 93
Carlsbad, 161
CameUy Hoose, 1
Carson, Sir Edward, 74, 78, 99,

144
Casey, Thomas, approver, 47
Casey, Michael, 46
Casey, Patrick, 47
Casey, John, 47
Castle Island, Co. Cork, 35
CasUetown House, 97
Catholic Emancipation, 2
Catholic Education Right, 29
Cavendish, Lord Frederick, 53
Celbridge, 97
Christian Science, 150
CSanricarde Estate, 81
danrieaide. Lord, 81, 85
dare, Co., 1, 4, 17, 28» 39, 169,

170
dare Election, 28
ddmencean, Monsiear, 162
derkenwell Explosion, 189
CliffiB of Moher, 17
Clongowes Wood College, 7, 8
Coercion Act, 78
Coll, Gweedore Prisoner, 95
Cork Assises, 19-24
Cork Exhibition, 154
Couch, Sir Arthur QniUer, 112
Cowper, Lord, 56
Creasy, Sir Edward, 167
Crimes Act, 78
Crown Proeeoator for Green Street,

32-39
Curley, Daniel, Invincible, 53, 58
Curraghmore, 68
Carran, 104

191

Id2 BEMINISGENCES OF LORD O'BRIEN

BeUny, F^triok, Invinoible, 53
Delany, Daniel, InTindble, 63
Del&ney, Dr. S. J., 9
De Moleyns, County Oourt Judge, 25
lymoti, Mr. John, M.P., 87
Dolooghty, John, 42
Dominioan Monastery, 167
Dowden, Profeesor, 181
Doyle, Peter, Inyindble, 63
Doyle, Constable, 42
Dryborgh Abbey, 166
Dublin Castle, 78

Emmanuel College, 163
Emmet Rising, 168
Experts Testimony, 136

Fagan, Michael, Invincible, 63
Famine, The Great, 3
Farrell, Robert, Fenian, 63
Faust, Goethe's, 146
Fawoett, Mrs., 178, 183, 189
Fenianism, 61
Field, Mr., 62, 61
Fisher, Mr. Hayes, 87
Fitzgerald, Lord, 19, 26, 31
Fitzgerald, Mrs., 33
Fitzgerald, Patrick, 36
Fitzgibbon, Lord Justice, 104
Fitzhanis, James, Invincible, 63
Fogherty, Dr., Bishop of Killfldoe,

169
Fontainebleau, Palace of, 162
Forester, Fenian, 69
Forester, Mrs., 69
Forster, W. E., Chief Secretary, 62
Franco-Prussian War, 166
Freeman's Journal, The, 28, 43, 74,

Ghosts, 11, 168

Gibson, Mr. Justice, 96

Gladstone, Mr., 68, 138, 179, 189

Goethe, 146

Gold, H. G., 166

Goodall, Frank, Huntsman, 98

Gordon, General, 138

Gray, Mr. Dwyer, 43

Green Street Court-House, 42

Gregory, Lady, 16

Griffith, Sir Richard Waldie, 164

Griffith, Lady Waldie, 164

Gweedore Trial, 92

Haldane, Lord, 184

Hanlon, Joseph, Invincible, 63

Hanlon, Laurence, Invincible, 53

Hanington, Mr. Timothy, M.P., 73

Holmes, Lord Justice, 144

Holyrood, 165

Homburg, 68

Hounds, Meath, 98

Hounds, Kildare, 98

Houston, Mr., K.G., 96

Huddy, The Bailiffs, 46

Hunting ReooUections, 97

Huxley, 62

Hynes, Francis, 42

Hendersyde Park, 164

International Boat Race, 163
International Cup, 163
Invincibles, Irish, 61 et nq,
Irish Language, 136
Irving, Henry, 147

Jedburgh, 166

Joyces, ^e, 46

Judges, Tribute from the Irish, 174

Judgments, 136

Kavanagb, Invincible, 66, 67
Kelly, Tim, Invincible, 63
Keegan, Miss, 141
Kenny, Fenian, 61
Keogh, Judge, 23
Kilfenoia Village, 29
Killaloe, Bishop of, 169
Kilwarden, Lord, 168
Kilwarden, Lady, 168
Killowen, Lord Russell of, 138
King Edward, 161
Knookanane, Co. Clare, 42

Land League, The, 31, 43

Lavson, Judge, 61

Leander Gub, 163

Lee, River, 153

Lefroy, Lord Chief Justice, 180

Lehmann, R. H., 166

Lentaigne, Father, S.J.» 8

Lockhart, 164

Londonderry, Marquis of, 82, 88,

167, 172
Londonderry, Marchioness of, 88

Lucerne, 110

INDEX

193

Mftuiurtiasiia Massaoie, 47
Maanutruna Debate, 49
Mananlay, Lord, 4
Madden, Ifr. Jiutioe, 184
liahony. The O'Qorman, 28
MoOafirey, Edward, I&Tiiioible, 53
llaoDennot, The, 05
MoFadden, The Rev. James, 92
MoMahon, Mn., 59
Marienbad, 161

Martin, Thomas, Invinoible, 53
Martin, Inspector, 93
Melrose Abbey, 175
Mitohelstown, 72
Mill, John Stewart, 184
MUton, 111
Moher, difb of, 17
MoUoy, Mr. Constantine, 94
Monahan, Chief Jnstioe, 180
Montespan, Madame de, 102
Moonlight, Oaptain, 32
Moonlighters, 33
Moore, Major, 98
Moiiarty, Lord Jostioe, 141
Morris, Lord, 45

Moiimey, William, Invindble, 58
MoUet, James, InTinoible, 53
MoDet, Joseph, Invinoible, 53
Murphy, Serjeant Frank, 5
Mm^y, Judge, 43-82

Maiah, Lord GhanoeOor, 8, 17, 54,

104, 144
Nee, 49

Newlands Honpe, 157
Nanheim, 68
Ne Temere Papal Decree, 136

O'Brien, Edward, InTtnoible, 52
O'Brien, Mr. Justice James, 20
O'Brien, John of Ballynalaoken,

Member for limerick, 1, 2, 3, 5,

7.12
O'Brien, Mr. Justice William, 20, 58,

58,60,64
O'Brien, Mr. William, Member for

Cork, 67, 72, 81, 84, 87
O'Oonnell, Daniel, 2, 4, 28
O'Oonnor, Sir Nicholas, 8
O'Donnell, Francis, Fenian, 68
O'Hagan, Lord, 138
O'Loghfin, Sir Cofanan, 28

Olphert Estate, 92
Oscott College, 7
O'Shanghneasy, Mr. Richard, 8
Oxford, 153

PlJles, Lord Chief Baron, 15, 86
Ptosell, Charles Steward, 22^ 29
Bamell Commission, 76
FameUism and Crime, 76
Ftotcherini, Father, 139
Peter the Pteker, Sonbriqnet of, 43,

86,120
Philbin, Anthony, 47
Phosnix Park Murders, 52
Pigott, Lord Chief Baron, 180
Pigott, 77

Plmikett, Sir Honoe, 172
Poor Law Act, 2
Porter, Sir Andrew, 54
Pmichestown Races, 17
Parser, Miss, 181

Queen v, Pamell, 29
Queen Victoria, 151

Radcliffe, Mrs., 11
Robertson, Mr. Forbes, 147
Roche, Mr. John, M.P., 83
Ross, Mr. Justice, 94, 144
Rowles, Henry, LiTincible, 52
Rowland, Mr., M.P., 82
Royal Literary Fund, 110
Russell, Lord John, 4

Salmon, ProTost, 13

Soartag^. Castle Island, 38

Scott, Sir Walter, 164

Sedan, The AnniTersary of, 166

Shakespeare, 111, 147

Shell, Richard Lalor, 4

Shelboume Hotel, 12

Sheridan, InTincible, 56

Shore, Canon Teignmouth, 13

Smith, Irish Invincible, 56

Smdttett, 1

Spencer, Btiri, 67

Spenser, Poet, 111

Sprudel Well, 161

Suffrage, Speech on Women's, 178

Suffragettes, Militant, 188

Sulliyan, T. D., 29

Sullivan, Mr. Denis, 54

194 REMINISCENCED OF LORD O'BBIEIN

Tabemaole, The* 148
ToUagh, Go. DaUin, 157
Tenants' Bights, 29
Teny, Hiss £llen» 147
Tbaokeny, 6

Theatn Boyal, Dublin, 147
Threatening letters, 32
Tree, Sir Herbert, 147
Tree, Lady, 148
Trinity College, 12
Twohey, Mrs., 34
Twohey, James, 33
Tynan, " No. 1," 67

United Irdaad, 50
Ussber v. Ussber Jodgmeiit»*
113

Vandeleoi, Oaptain Heotor, 28
Vandelenr, Golonel, 28
Vandyke, Anthony, 165

Versailles, 161

Virgil. 5 I

Walsh, Irish Inviattble, 6^
Walker, Sir Samoel (Lord i

oellor of Ireland), 17, 84
Watson, John, Maatar of K

Hounds, 98
Webb, Coonty Court Jodge, 54^
Whelan, Patrick, Invincible, S
Whyta-lfelville^ 163
Witches* Sabbath, 166
Wolseley, Viscounty 89, 168
Wolsel^, Visooimtew, 89
Woodford Evictions, 81-84
Wright, Mr. Justice, 23 |

Wyndham, The Bight Hon. Qw^

106

Zetland, Marqnis of, 88
Zetland, Marchioness of, 88
Zingari Qub, 91

BiLLIMO AMD BONB, LTD., P1UNTIB8, ariLDFOBO, XKOLAND

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